Monument Square Associates, Inc. v. Resolution Trust Corp.
District Court, D. Massachusetts
1Opinion of the Court
MEMORANDUM
TAURO, Chief Judge.
Plaintiff, Monument Square Associates, Inc. (“Monument Square”), contends that defendant, Resolution Trust Corporation (“RTC”), 1 as receiver for Home Owners Savings Bank (“Home Owners”), wrongfully disaffirmed a rental agreement. At issue is the receiver’s authority to repudiate contracts under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (“FIRREA”), 12 U.S.C. § 1821 et seq.
On April 1, 1986, plaintiff leased space to Home Owners at 465 and 467 Congress Street, Portland, Maine (“First Lease”). 2 On October 23, 1986, the parties entered…
2Cases cited6 opinions
- Dehahn v. InnesSupreme Judicial Court of Maine · 1976
- In Re Cutters, Inc.United States Bankruptcy Court, M.D. Tennessee · 1989
- Van Dusen Aircraft Supplies of New England, Inc. v. Massachusetts Port AuthorityMassachusetts Supreme Judicial Court · 1972
- Union Bank v. Federal Sav. and Loan Ins. Corp.District Court, E.D. Kentucky · 1989
- Altra Corp. v. Chemtoy Corp. (In Re Chemtoy Corp.)United States Bankruptcy Court, N.D. Illinois · 1982
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3Cited by12 opinions
- Floyd v. Heno v. Federal Deposit Insurance CorporationCourt of Appeals for the First Circuit · 1993
- Resolution Trust Corporation, as Receiver for Midwest Savings Association, F.A. v. Cedarminn Building Limited Partnership, a Minnesota Limited Partnership Cedar Minn Realty Corp., Its General Partner Minncedar Land Limited Partnership Midunited Building Company Limited Partnership, a Minnesota Limited Partnership Midrock Land Corp., Its General Partner Rockminn Leasing Corp., Cedarminn Building Limited Partnership, a Minnesota Limited Partnership Chemical Bank Norstar Bank Federal Home Loan Bank of Des Moines, Cedarminn Building Limited Partnership, a Minnesota Limited Partnership Minncedar Land Limited, a Minnesota Limited Partnership Midunited Building Limited Partnership, a Minnesota Limited Partnership Rockminn Leasing Corp., a Minnesota Corporation v. Resolution Trust Corporation, a Government Corporation, and in Its Capacity as Receiver of Midwest Federal Savings and Loan Association of Minneapolis and as Conservator and Receiver for Midwest Savings Association, F.A., Midwest Federal Savings and Loan Association of Minneapolis, in Receivership Midwest Savings Association, F.A., in Receivership and Conservatorship. Resolution Trust Corporation, as Receiver for Midwest Savings Association, F.A. v. Cedarminn Building Limited Partnership, a Minnesota Limited Partnership Cedar Minn Realty Corp., Its General Partner Minncedar Land Limited Midunited Building Company Limited Partnership, a Minnesota Limited Partnership Midrock Land Corp., Its General Partner Rockminn Leasing Corp. Cedarminn Building Limited Partnership, a Minnesota Limited Partnership, Chemical Bank Norstar Bank Federal Home Loan Bank of Des Moines, Cedarminn Building Limited Partnership, a Minnesota Limited Partnership Minncedar Land Limited, a Minnesota Limited Partnership Midunited Building Limited Partnership, a Minnesota Limited Partnership Rockminn Leasing Corp., a Minnesota Corporation v. Resolution Trust Corporation, a Government Corporation, and in Its Capacity as Receiver of Midwest Federal Savings and Loan Association of Minneapolis and as Conservator and Receiver for Midwest Savings Association, F.A. Midwest Federal Savings and Loan Association of Minneapolis, in Receivership Midwest Savings Association, F.A., in Receivership and Conservatorship, Resolution Trust Corporation, as Receiver for Midwest Savings Association, F.A. v. Cedarminn Building Limited Partnership, a Minnesota Limited Partnership Cedar Minn Realty Corp., Its General Partner Minncedar Land Limited Midunited Building Company Limited Partnership, a Minnesota Limited Partnership Midrock Land Corp., Its General Partner Rockminn Leasing Corp., Cedarminn Building Limited Partnership, a Minnesota Limited Partnership, Chemical Bank Norstar Bank Federal Home Loan Bank of Des Moines, (Two Cases) Cedarminn Building Limited Partnership, a Minnesota Limited Partnership Minncedar Land Limited, a Minnesota Limited Partnership Midunited Building Limited Partnership, a Minnesota Limited Partnership Rockminn Leasing Corp., a Minnesota Corporation v. Resolution Trust Corporation, a Government Corporation, and in Its Capacity as Receiver of Midwest Federal Savings and Loan Association of Minneapolis and as Conservator and Receiver for Midwest Savings Association, F.A. Midwest Federal Savings and Loan Association of Minneapolis, in Receivership Midwest Savings Association, F.A., in Receivership and Conservatorship, Cedarminn Building Limited Partnership, a Minnesota Limited Partnership Minncedar Land Limited, a Minnesota Limited Partnership Midunited Building Limited Partnership, a Minnesota Limited Partnership Rockminn Leasing Corp., a Minnesota Corporation v. Resolution Trust Corporation, a Government Corporation, and in Its Capacity as Receiver of Midwest Federal Savings and Loan Association of Minneapolis and as Conservator and Receiver for Midwest Savings Association, F.A.Court of Appeals for the Eighth Circuit · 1992
- Resolution Trust Corp. v. United Trust Fund, Inc.Court of Appeals for the Eleventh Circuit · 1995
- Fidelity and Deposit Company of Maryland and American Home Assurance Company v. Rotec Industries, Inc.Court of Appeals for the Seventh Circuit · 2004
- Ncb Management Services, Inc. v. Federal Deposit Insurance Corp.District Court, District of Columbia · 2012
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