Federal Deposit Insurance Corporation v. Abraham Rubin Helen Rubin Chaim B. Rubin Marcia Rubin

952 F.2d 1399 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff/Appellee, v. Abraham RUBIN; Helen Rubin; Chaim B. Rubin; Marcia Rubin, Defendants/Appellants. No. 89-55600. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 7, 1992. Decided Jan. 15, 1992. Before FARRIS, NOONAN and TROTT, Circuit Judges. 1 MEMORANDUM * 2 On June 3, 1984, the Rubins executed a promissory note in the principal amount of $350,000 to Center National Bank. On its face, the note appears to have been executed by the Rubins in their personal capacities. The note went into default in 1986. In April, 1986, the Comptroller of the Currency ordered Center National closed and tendered receivership of the bank to the FDIC. In its corporate capacity, the FDIC acquired the Rubins' note and took possession of related bank files. In April, 1988, the FDIC brought suit on the note against the Rubins personally. On April 17, 1989, the district…