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Stephen B. Pence, et al. v. VNB New York, LLC, as Successor by Merger to VNB New York Corporation, as Successor in Interest to the Park Avenue Bank
Paid petition · Court of Appeals of Kentucky, No. 2018-CA-00-1259-MR · judgment September 13, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Does the D’Oench doctrine, D’Oench, Duhme & Co. v. FDIC, 315 U.S. 447 (1942), or federal common law “holder in due course” doctrine, survive Congress’ enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), Pub. L. 101-73, 103 Stat. 183? Under 12 U.S.C. § 1823(e)(1), may an innocent victim of fraud assert state law fraud or illegality defenses where, as here, a successor bank sues on loans it knew at the time of purchase to be fraudulent?
Counsel of record
For petitioner
Stephen Beville Pence
Pence & Whetzel, PLLC
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 02 2020Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
- Oct 14 2020DISTRIBUTED for Conference of 10/30/2020.
- Aug 26 2020Petition for a writ of certiorari filed. (Response due September 30, 2020)