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21 Mar 2014, 9:47 am by Sean Cornely
 In no event, however, is an unsecured creditor to receive less than it would receive if the FDIC had not been appointed receiver and the company instead had been liquidated under chapter 7 of the Bankruptcy Code, section 210(d)(2). [read post]
17 Mar 2014, 4:29 am by Kevin LaCroix
    The closed banks on whose behalf the FDIC is proceeding as receiver in this action closed between 2008 and 2011, and include both some the largest failed banks (including WaMu, the largest bank failure in U.S. history), as well as numerous other smaller failed banks. [read post]
12 Mar 2014, 4:42 am by Kevin LaCroix
The agency argued that the action would “restrain or affect” the FDIC’s powers as receiver because it would impede or interfere with its power under FIRREA to “collect all obligations and money due the institution. [read post]
10 Mar 2014, 9:01 pm by Anita Ramasastry
Customers received the message: “The requested page was not found on this server,” when they tried to access their deposits. [read post]
5 Mar 2014, 8:52 am by Allison Tussey
Derek Evans, Special Agent in Charge of FDIC-OIG, New York Region, said. [read post]
27 Feb 2014, 4:14 am by Kevin LaCroix
Gary Klausner said that the various claims that had been filed against the form directors and officers of the failed IndyMac bank  (including the claims filed by the FDIC in its capacity as received of the failed bank) were all interrelated with the first filed claim, and therefore triggered only one $80 million of D&O insurance, rather than two. [read post]
24 Feb 2014, 11:49 am by Barbara S. Mishkin
”  The Agencies indicate in the January 2014 notice that they are proposing to proceed with the new requirement despite the comment letters they received from numerous banking trade associations objecting to the February 2013 proposal. [read post]
20 Feb 2014, 12:50 pm by Barbara S. Mishkin
  According to the state appellants, because Title II gives the FDIC, as receiver for a failed financial institution in an orderly liquidation, discretion to discriminate among similarly situated creditors, all creditors lose the right to be repaid equally with other similarly situated creditors. [read post]
21 Jan 2014, 11:10 am by Editorial Board
On January 14, the Fed, CFTC, FDIC, OCC and SEC issued an interim final rule which will permit banking entities to retain interests in certain collateralized debt obligations backed primarily by trust preferred securities (TruPS CDOs) if the following conditions are met: (i) the TruPS CDO was established and the interest was issued before May 19, 2010; (ii) the banking entity reasonably believes that the offering proceeds received by the TruPS CDO were invested primarily in… [read post]
12 Jan 2014, 11:48 pm by Kevin LaCroix
One of the most contentious issues in the litigation the FDIC has been pursuing in its capacity as receiver of various failed banks is whether the defendant former directors and officers can assert affirmative defenses against the FDIC for the agency’s own conduct. [read post]
10 Jan 2014, 4:47 pm by Sabrina I. Pacifici
  The FDIC’s regulation requires a covered insured depository institution with assets greater than $50 billion to submit a plan under which the FDIC, as receiver, might resolve the institution under the Federal Deposit Insurance Act. [read post]
6 Jan 2014, 11:20 pm by Kevin LaCroix
The world of directors and officers liability has long been characterized by rapid change. [read post]
23 Dec 2013, 10:49 am by Michael Epshteyn
The final guidance is substantially similar to the proposal (and we encourage you to read our prior post for more details on the elements of the guidance), but the FFIEC made certain revisions in light of the 81 public comments it received on the proposal. [read post]
17 Dec 2013, 4:00 am by Richard J. Andreano, Jr.,
,The CFPB, Fed, FDIC, FHFA, NCUA, and OCC have finalized a supplemental rule creating several exemptions to the appraisal requirements for higher-priced mortgage loans (HPML). [read post]