Legal Opinion

Landmark Land Co. of Carolina v. Resolution Trust Corp. (In re Landmark Land Co. of Oklahoma)

Court of Appeals for the Fourth Circuit

Decided August 18, 1992No. Nos. 91-2715 to 91-2720PublishedCited by 1 opinion

1Opinion of the Court

OPINION

K.K. HALL, Circuit Judge:

The Resolution Trust Corporation (“RTC”), as conservator of Oak Tree Federal Savings Bank (“New Oak Tree”), appeals the judgment of the district court enjoining it from exercising ownership rights over New Oak Tree’s subsidiaries by initiating or convening a shareholders’ meeting while the subsidiaries are under the protection of the bankruptcy court. We reverse and remand.

I

The predecessor of New Oak Tree, Oak Tree Savings Bank, S.S.B. (“Oak Tree”), was the sole shareholder of appellee Clock Tower Place Investments, Ltd. (“Clock Tower”), and Clock Tower owned…

2Cases cited7 opinions

Coit Independence Joint Venture v. Federal Savings & Loan InsuranceSupreme Court of the United States · 1989
Board of Governors of the Federal Reserve System v. MCorp Financial, Inc.Supreme Court of the United States · 1991
Rosa v. Resolution Trust Corp.Court of Appeals for the Third Circuit · 1991
Telematics International, Inc. v. Nemlc Leasing CorporationCourt of Appeals for the First Circuit · 1992
In Re Heritage Village Church And Missionary Fellowship, Inc.Court of Appeals for the Fourth Circuit · 1988

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

In Re Landmark Land Company of Oklahoma, Incorporated, an Oklahoma Corporation, Debtor. Landmark Land Company of Carolina, Incorporated, a Delaware Corporation Clock Tower Place Investments, Limited, a California Corporation Landmark Land Company of California, Incorporated, a Delaware Corporation Landmark Land Company of Florida, Incorporated, a Delaware Corporation Landmark Land Company of Louisiana, Incorporated, a Louisiana Corporation Landmark Land Company of Oklahoma, Incorporated, an Oklahoma Corporation v. Resolution Trust Corporation, as Conservator for Oaktree Federal Savings Bank, Landmark Communities Committee, Incorporated, Intervenor, Official Unsecured Creditors' Committee, Intervenor, and Oaktree Savings Bank, S.S.B., a Savings Bank Chartered by the State of Louisiana, United States Trustee, Party in Interest. In Re Landmark Land Company of Oklahoma, Incorporated, a Delaware Corporation, Debtor. Landmark Land Company of Carolina, Incorporated, a Delaware Corporation Clock Tower Place Investments, Limited, a California Corporation Landmark Land Company of California, Incorporated, a Delaware Corporation Landmark Land Company of Florida, Incorporated, a Delaware Corporation Landmark Land Company of Louisiana, Incorporated, a Louisiana Corporation Landmark Land Company of Oklahoma, Incorporated, an Oklahoma Corporation v. Resolution Trust Corporation, as Conservator for Oaktree Federal Savings Bank, and Oaktree Savings Bank, S.S.B., a Savings Bank Chartered by the State of Louisiana, United States Trustee, Party in Interest. In Re Clock Tower Place Investments, Limited, a California Corporation, Debtor. Landmark Land Company of Carolina, Incorporated, a Delaware Corporation Clock Tower Place Investments, Limited, a California Corporation Landmark Land Company of California, Incorporated, a Delaware Corporation Landmark Land Company of Florida, Incorporated, a Delaware Corporation Landmark Land Company of Louisiana, Incorporated, a Louisiana Corporation Landmark Land Company of Oklahoma, Incorporated, an Oklahoma Corporation v. Resolution Trust Corporation, as Conservator for Oaktree Federal Savings Bank, and Oaktree Savings Bank, S.S.B., a Savings Bank Chartered by the State of Louisiana, United States Trustee, Party in Interest. In Re Landmark Land Company of California, Incorporated, a Delaware Corporation, Debtor. Landmark Land Company of Carolina, Incorporated, a Delaware Corporation Clock Tower Place Investments, Limited, a California Corporation Landmark Land Company of California, Incorporated, a Delaware Corporation Landmark Land Company of Florida, Incorporated, a Delaware Corporation Landmark Land Company of Louisiana, Incorporated, a Louisiana Corporation Landmark Land Company of Oklahoma, Incorporated, an Oklahoma Corporation v. Resolution Trust Corporation, as Conservator for Oaktree Federal Savings Bank, and Oaktree Savings Bank, S.S.B., a Savings Bank Chartered by the State of Louisiana, United States Trustee, Party in Interest. In Re Landmark Land Company of Oklahoma, Incorporated, an Oklahoma Corporation, Debtor. Landmark Land Company of Oklahoma, Incorporated, an Oklahoma Corporation, Landmark Land Company of Carolina, Incorporated, a Delaware Corporation Clock Tower Place Investments, Limited, a California Corporation Landmark Land Company of California, Incorporated, a Delaware Corporation Landmark Land Company of Florida, Incorporated, a Delaware Corporation Landmark Land Company of Louisiana, Incorporated, a Louisiana Corporation v. Resolution Trust Corporation, as Conservator for Oaktree Federal Savings Bank, and Oaktree Savings Bank, S.S.B., a Savings Bank Chartered by the State of Louisiana, United States Trustee, Party in Interest. In Re Landmark Land Company of Florida, Incorporated, a Delaware Corporation, Debtor. Landmark Land Company of Carolina, Incorporated, a Delaware Corporation Clock Tower Place Investments, Limited, a California Corporation Landmark Land Company of California, Incorporated, a Delaware Corporation Landmark Land Company of Florida, Incorporated, a Delaware Corporation Landmark Land Company of Louisiana, Incorporated, a Louisiana Corporation Landmark Land Company of Oklahoma, Incorporated, an Oklahoma Corporation v. Resolution Trust Corporation, as Conservator for Oaktree Federal Savings Bank, and Oaktree Savings Bank, S.S.B., a Savings Bank Chartered by the State of Louisiana, United States Trustee, Party in InterestCourt of Appeals for the Fourth Circuit · 1992