(Download) "Mccarthy v. Federal Deposit Insurance Corporation" by United States Court of Appeals for the Ninth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Mccarthy v. Federal Deposit Insurance Corporation
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 05, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
FOR PUBLICATION Argued and Submitted October 9, 2003-Pasadena, California OPINION Ralph E. McCarthy appeals the dismissal of his action for damages for the way the Federal Deposit Insurance Corporation (FDIC) handled a loan that he was negotiating with Superior Bank, F.S.B. after the bank failed and the FDIC was appointed as receiver. The district court held that it lacked subject matter jurisdiction because McCarthy failed to exhaust his claims pursuant to the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), 12 U.S.C. § 1821(d)(13)(D). McCarthy argues that he was not required to exhaust because he was a debtor, not a creditor, of the bank, and because his claims arise out of postreceivership conduct of the FDIC. We agree with the district court that FIRREA's exhaustion requirement applies to bank debtors as well as creditors, and to claims that arise out of acts by the receiver as well as by the failed institution. Accordingly, we affirm.
 "Mccarthy v. Federal Deposit Insurance Corporation" by United States Court of Appeals for the Ninth Circuit # Book PDF Kindle ePub Free){kind=link}