Legal Opinion
Resolution Trust Corp. v. United Trust Fund, Inc.
District Court, S.D. Florida
Decided August 21, 1991No. 91-1315 CIVPublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION
STEPHEN T. BROWN, United States Magistrate Judge.
I. BACKGROUND
On August 9, 1989, Congress passed the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (hereinafter “FIRREA”). As a result, FIRREA created the Resolution Trust Corporation (hereinafter “RTC”) to resolve insolvencies in the banking industry. See 12 U.S.C. § 1821 et seq. RTC is the plaintiff in the instant case as a result of the demise of Pioneer Savings Bank.
At issue in this case is whether the repudiation of a lease by RTC is timely and effective as required by the code 1 and what effect, if…
2Cases cited5 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Vareka Investments, N v. a Netherlands Antilles Corp. v. American Investment Properties, Inc., a Florida Corp.Court of Appeals for the Eleventh Circuit · 1984
- Bayshore Executive Plaza Partnership v. Federal Deposit InsuranceDistrict Court, S.D. Florida · 1990
- Dade County v. Rohr Industries, Inc.Court of Appeals for the Eleventh Circuit · 1987
- Liberty Savings Association v. Sun Bank of JacksonvilleCourt of Appeals for the Seventh Circuit · 1978
3Cited by9 opinions
- 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
- Cardente v. Fleet Bank of Maine, Inc.District Court, D. Maine · 1992
- Monument Square Associates, Inc. v. Resolution Trust Corp.District Court, D. Massachusetts · 1991
- Resolution Trust Corp. v. United Trust Fund, Inc.Court of Appeals for the Eleventh Circuit · 1995
- 701 NPB ASSOCIATES v. Federal Deposit Ins. Corp.District Court, S.D. Florida · 1991
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