Legal Opinion
In Re Overland Park Financial Corp.
United States Bankruptcy Court, D. Kansas
Decided February 5, 1998No. 19-20105PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION 1
JOHN T. FLANNAGAN, Bankruptcy Judge.
Congress added § 365(o) to the Bankruptcy Code with the Crime Control Act of 1990. 2 The new subsection addresses “capital main tenance commitments” under the broader section heading of “Executory contracts and unexpired leases.” These commitments are “net worth maintenance stipulations” that financial regulatory agencies demand from companies that hold the stock of banking and thrift institutions. Subsection 365(o) directs that in Chapter 11 cases, capital maintenance commitments are deemed assumed and must be immediately cured:
In a…
2Cases cited6 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Kaneb Services, Inc., Southwestern Group Financial, Inc. And United Savings Association of Texas v. Federal Savings and Loan Insurance Corporation, Kaneb Services, Inc. v. Federal Savings and Loan Insurance CorporationCourt of Appeals for the Fifth Circuit · 1981
- Federal Savings And Loan Insurance Corporation v. John V. CapozziCourt of Appeals for the Eighth Circuit · 1988
- Resolution Trust Corp. v. Tetco, Inc.District Court, W.D. Texas · 1990
- Federal Deposit Insurance v. Butler (In Re Conner Corp.)District Court, E.D. North Carolina · 1991
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Office of Thrift Supervision v. Overland Park Financial Corp.Court of Appeals for the Tenth Circuit · 2001
- Office of Thrift Supervision v. Overland Park Financial Corp. (In Re Overland Park Financial Corp.)District Court, D. Kansas · 1999
- Office of Thrift Supervision v. Overland Park Financial Corp. (In Re Overland Park Financial Corp.)District Court, D. Kansas · 2003