A lot of ink has been spilled in the last 72 hours regarding the historic developments involving Silicon Valley Bank and Signature Bank. Our quick summary of the facts and law is below. Cadwalader will continue to monitor these developments closely and will update you with additional insights.
USA, Banking, Insolvency & Restructuring, Cadwalader Wickersham & Taft LLP, Insolvency, Federal Deposit Insurance Corporation (USA), HM Treasury (UK), HSBC, Bank of England, Prudential Regulation Authority (UK), Banking Act 2009 (UK)
In a recent decision by the influential Third Circuit Court of Appeals, In re KB Toys Inc., 2013 U.S. App. LEXIS 23083 at *17 (3d Cir. Nov. 15, 2013), the Court decided that “the cloud on the claim” stemming from a preferential payment made to the original claimant continues with the claim, which then could be disallowed.