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· 6/19/1992

Federal Case

Citations

  • 968 F.2d 1332
  • 120 A.L.R. Fed. 719
  • 1992 U.S. App. LEXIS 14258

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • admitting use of defense in bankruptcy court for equitable subordina tion, fraud, breach of contract, and conversion
  • barring affirmative claims against the FDIC, as well as defenses which are premised upon secret agreements that sound in contract; proper focus is whether the agreement, at time it was entered, would tend to mislead public authority
  • “For the most part, courts have been reluctant to find the requisite level of misconduct in arms-length transactions”
  • Bank’s commission of fraud, breach of contract and conversion of loan proceeds for the payment of a kickback and soft costs warranted equitable subordination of claim

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.