Legal Opinion
Kerry W. Althouse v. Resolution Trust Corporation, Receiver for Horizon Financial, F.A.
Court of Appeals for the Third Circuit
Decided July 21, 1992No. 91-2044PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
ALITO, Circuit Judge:
This case presents the question whether a claimant who fails to file a claim with the Resolution Trust Corporation (RTC) within the period specified in the RTC’s notice to creditors under 12 U.S.C. § 1821(d)(3)(B)(i) may nevertheless obtain review of the merits of that claim by filing suit in district court under 12 U.S.C. § 1821(d)(6)(A). We hold that such review is expressly barred by 12 U.S.C. § 1821(d)(5)(C)®, and therefore we affirm the order of the district court dismissing the complaint in this case, which sought such review.
I
In March 1990, the…
2Cases cited3 opinions
- Coit Independence Joint Venture v. Federal Savings & Loan InsuranceSupreme Court of the United States · 1989
- Rosa v. Resolution Trust CorporationCourt of Appeals for the Third Circuit · 1991
- Capital Data Corp. v. Capital National BankDistrict Court, S.D. New York · 1991
3Cited by31 opinions
- Capitol Leasing Company v. Federal Deposit Insurance CorporationCourt of Appeals for the Seventh Circuit · 1993
- National Union Fire Insurance Company of Pittsburgh, Pa v. City SavingsCourt of Appeals for the Third Circuit · 1994
- Hudson United Bank v. Chase Manhattan Bank of Connecticut, N.A.Court of Appeals for the Third Circuit · 1994
- Tillman v. Resolution Trust Corp.Court of Appeals for the Fourth Circuit · 1994
- Saffer v. JP Morgan Chase Bank, N.A.California Court of Appeal · 2014
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