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Re: hotmeat post# 534837

Thursday, 08/23/2018 3:40:11 PM

Thursday, August 23, 2018 3:40:11 PM

Post# of 749756
The FDIC is not in the bankruptcy court and is not subject to the jurisdiction of the bankruptcy court. And without the benefit of reading the actual filings in the district court case, it seems FDIC prevailed under its theory that there was no cause of action that could be had against it therein. I was under the impression that LT wanted a declaration from Sleet that the LT and employees were bound by the FDIC's determination. That is precisely what a declaratory judgment action is for...to determine the rights of the parties. Perhaps Sleet was of the opinion he too had no jurisdiction over the FDIC. But he apparently made the statement that the issue might become moot anyway. Meaning what? That Walrath would have to rule the issue herself? Is the FDIC going to file an injunction against the LT to prohibit the payment of any settlement? I do not think the LT would break federal law . If the LT had filed an interpleader action in the district court surely the court would have determined who gets the interpleaded funds, but I guess that cause of action was not available to the LT given we are in a bankruptcy court which in a sense is the same type of forum...determining the validity of claims made against a fund. So I think Walrath always had jurisdiction between the LT and employees to decide the matter and I blame her for the delay. I mean if a prostitute filed a claim for services rendered (outside of Nevada) couldn't/wouldn't the claim be resolved at the bankruptcy court level initially? I think the lawyers by entering settlement agreements with the employees showed they weren't trying to milk this matter imo.

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