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Wednesday, 07/29/2015 12:26:05 PM

Wednesday, July 29, 2015 12:26:05 PM

Post# of 730428
Courts May Not Enjoin the Receiver

Page 30 (=PDF page 35):

https://www.fdic.gov/about/freedom/drr_handbook.pdf

Courts May Not Enjoin the Receiver

Congress has provided the FDIC, as receiver, with additional protection by prohibiting courts from issuing injunctions or similar equitable relief to restrain the receiver from completing its resolution and liquidation activities. For example, U.S.C., Title 12, section 1821(j) bars an injunction to prevent foreclosures or asset sales. Similarly, courts are prohibited from issuing any order to attach or execute upon any assets in the possession of the receiver. These statutory provisions, however, do not bar the recovery of monetary damages.



That's why the BK court had no other possibilities than issuing Escrow markers IMO

Or from an older book before 2008:

Chapter 8:

https://www.fdic.gov/bank/historical/managing/

PDF page 10 of chapter 8:

https://www.fdic.gov/bank/historical/managing/history1-08.pdf

Very similar...

Courts may not enjoin the receiver.

Congress has provided the FDIC as receiver with additional protection by prohibiting courts from issuing injunctions or similar equitable relief to restrain the receiver from completing its resolution and liquidation activities. For example, the FDI Act bars an injunction to prevent foreclosures or asset sales. Similarly, courts are prohibited from issuing any order to attach or execute upon any assets in the possession of the receiver. Those statutory provisions, however, do not bar the recovery of monetary damages.

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