Legal Opinion
Federal Deposit Insurance v. Wright
Court of Appeals for the Fifth Circuit
Decided June 17, 1992No. 91-1335PublishedCited by 7 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
This case presents the narrow question of whether the FDIC-as-Receiver can use § 550(b)(1) of the Bankruptcy Code to defend against a trustee’s avoidance of a preferential transfer. We hold that the FDIC is not entitled to the defense and therefore affirm the district court.
I
In June 1988 the First State Bank of Abilene (Bank) obtained a judgment against William H. Still to enforce a guaranty. A month later, the Bank obtained writs of garnishment against Still’s obli-gors. In August 1988, Still filed for bankruptcy under Chapter 7. The Bank timely filed a Proof…
2Cases cited8 opinions
- In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983
- Campbell Leasing, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the First Circuit · 1990
- Sunbelt Savings, Fsb Dallas, Texas v. George Michael MontrossCourt of Appeals for the Fifth Circuit · 1991
- Resolution Trust Corporation as Conservator for Sunbelt Federal Savings, Fsb v. George Michael MontrossCourt of Appeals for the Fifth Circuit · 1991
- Thistlethwaite v. Federal Deposit Insurance (In Re Pernie Bailey Drilling Co.)United States Bankruptcy Court, W.D. Louisiana · 1990
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Patrick Collins v. Steven Mnuchin, SecretarCourt of Appeals for the Fifth Circuit · 2018
- Still v. WrightCourt of Appeals for the First Circuit · 1992
- Zacarias v. Official Stanford Int'l Bank, Ltd.Court of Appeals for the Fifth Circuit · 2019
- LuMee LLC v. FernandezUnited States Bankruptcy Court, D. Utah · 2023
- SEC v. Stanford International BankCourt of Appeals for the Fifth Circuit · 2019
2 more not listed; retrieve them via the Exa API.