Legal Opinion
Franklin Financial v. Resolution Trust Corp.
Court of Appeals for the Ninth Circuit
Decided April 24, 1995No. Nos. 93-35699, 93-35777, 94-35153 and 94-35235PublishedCited by 7 opinions
1Opinion of the Court
FITZGERALD, Senior District Judge:
OVERVIEW
In these cases we decide whether the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (“FIRREA”), 12 U.S.C. § 1821, allows the Resolution Trust Corporation (“RTC”) to repudiate a lease 117 days after the RTC’s appointment as receiver. We hold that it does and, therefore, reverse.
Defendant RTC, individually and in its capacity as receiver of the Benjamin Franklin Savings & Loan Association (“Franklin”), appeals from a judgment of the district court. The district court held on summary judgment that the RTC improperly repudiated the…
2Cases cited10 opinions
- Jeanette Jesinger v. Nevada Federal Credit Union, a Federally-Chartered Credit Union Robert W. FleischmanCourt of Appeals for the Ninth Circuit · 1994
- Federal Deposit Insurance Corporation, a United States Corporation v. Bank of Boulder, a Colorado CorporationCourt of Appeals for the Tenth Circuit · 1990
- Sunflower Oil Co. v. WilsonSupreme Court of the United States · 1892
- 1185 Avenue of the Americas Associates v. The Resolution Trust Corporation, as Receiver of Ensign Federal Savings Bank and Ensign Bank, F.S.B.Court of Appeals for the Second Circuit · 1994
- Resolution Trust Corporation, in Its Capacity as Receiver of Midwest Federal Savings Bank of Minot, Counter-Defendants/appellants v. Midwest Federal Savings Bank of Minot, a Federally Chartered Savings Association, as Trustee Centennial Estates, Inc. La Plata Investors John F. Nolan Gregory M. Beck Gerald G. Wilson Tmkb Associates John S. Tighe William D. McBrearty Michael J. Kiley, and Orangegate Investors, a California Limited Partnership, Counter-Claimant/appellee. Resolution Trust Corporation, in Its Capacity as Receiver of Midwest Federal Savings Bank of Minot v. Midwest Federal Savings Bank of Minot, a Federally Chartered Savings Association, as Trustee, and Orangegate Investors Centennial Estates, Inc. La Plata Investors John F. Nolan Gregory M. Beck Tmkb Associates Gerald G. Wilson Main St. Investors Royce T. Breazeale, Jr. Michael J. KileyCourt of Appeals for the Ninth Circuit · 1994
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Resolution Trust Corp. v. United Trust Fund, Inc.Court of Appeals for the Eleventh Circuit · 1995
- Guttenberg v. EmeryDistrict Court, District of Columbia · 2014
- New Hampshire Associates Ltd. Partnership v. Federal Deposit InsuranceDistrict Court, D. Maryland · 1997
- BKWSPOKANE LLC v. Federal Deposit InsuranceDistrict Court, E.D. Washington · 2014
- Franklin Financial, a New Jersey General Partnership v. Resolution Trust Corporation, Receiver of Benjamin Franklin Federal S & L Assoc., Franklin Financial, a New Jersey General Partnership v. Resolution Trust Corporation, Individually and in Its Capacities as Conservator and Receiver of Benjamin Franklin Savings and Loan, (Two Cases.) Franklin Financial, a New Jersey General Partnership v. Resolution Trust Corporation, Individually and in Its Capacities as Conservator and Receiver of Benjamin Franklin Savings and LoanCourt of Appeals for the Ninth Circuit · 1995
2 more not listed; retrieve them via the Exa API.