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    FDIC creates a new depository institution to assume the operations of Waterfield Bank
    2010-03-06

    On Friday, OTS closed Waterfield Bank, headquartered in Germantown, Maryland and appointed the FDIC as receiver. As receiver, the FDIC created Waterfield Bank, FA, a new depository institution chartered by the OTS and insured by the FDIC, to take over the operations of Waterfield Bank. The new institution will remain open until April 5, 2010, “to allow depositors access to their insured funds and time to move accounts to other insured institutions.”

    Filed under:
    USA, Maryland, Banking, Insolvency & Restructuring, Alston & Bird LLP, Depository institution, Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Washington Mutual settles with J.P. Morgan Chase and FDIC
    2010-03-12

    Today, Washington Mutual, Inc. (WMI) announced a Global Settlement Agreement with J.P. Morgan Chase and the FDIC. Under the agreement, J.P. Morgan Chase will give WMI over $4 billion in WMI deposits in its former failed bank subsidiaries in exchange for over $6 billion in other assets. Also, the three parties will split two potential tax refunds worth a total of $5.6 billion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Subsidiary, Federal Deposit Insurance Corporation (USA), JPMorgan Chase
    Authors:
    Stephen Racioppi
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC closes $1.8 billion private securitization of senior notes backed by RMBS
    2010-03-12

    Today, the Federal Deposit Insurance Corporation (FDIC) announced the close of a Rule 144A sale of $1.8 billion principal amount of notes backed by 103 non-agency residential mortgage backed securities (RMBS) from seven failed bank receiverships.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Securitization & Structured Finance, Alston & Bird LLP, Bond (finance), Security (finance), Interest, Mortgage loan, Cashflow, Mortgage-backed security, Federal Deposit Insurance Corporation (USA)
    Authors:
    Tara Castillo
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Bank of Upson assumes deposits of Century Security Bank
    2010-03-20

    On Friday, the Georgia Department of Banking and Finance closed Century Security Bank, headquartered in Duluth, Georgia, and theFDIC was named receiver.

    Filed under:
    USA, Georgia, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC approves payout of insured deposits of Advanta Bank Corp
    2010-03-20

    On Friday, the Utah Department of Financial Institutions closed Advanta Bank Corp., headquartered in Draper, Utah, and the FDIC was named receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    The National Bank and Trust Company assumes all of the deposits of American National Bank
    2010-03-20

    On Friday, the Office of the Comptroller of the Currency closed American National Bank, headquartered in Parma, Ohio, and the FDIC was named receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Office of the Comptroller of the Currency (USA), Federal Deposit Insurance Corporation (USA)
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Citizens South Bank assumes deposits of Bank of Hiawassee
    2010-03-20

    On Friday, the Georgia Department of Banking and Finance closed Bank of Hiawassee, headquartered in Hiawassee, Georgia, and the FDIC was named receiver.  As receiver, the FDIC entered into a purchase and assumption agreement wi

    Filed under:
    USA, Georgia, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Northern State Bank assumes deposits of State Bank of Aurora
    2010-03-20

    On Friday, the Minnesota Department of Commerce closed State Bank of Aurora, headquartered in Aurora, Minnesota, and the FDIC was named receiver. As receiver, the FDICentered into a purchase and assumption agreement with Northern State Bank, headquartered in Ashland, Wisconsin, to assume all of the deposits of State Bank of Aurora.

    Filed under:
    USA, Minnesota, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), US Department of Commerce, Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Community & Southern Bank assumes deposits of Appalachian Community Bank
    2010-03-20

    On Friday, the Georgia Department of Banking and Finance closed  Appalachian Community Bank, headquartered in Ellijay, Georgia, and the FDIC was named receiver.

    Filed under:
    USA, Georgia, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Federal Deposit Insurance Corporation (USA)
    Authors:
    Lawanna Kimbro
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Final rules permit FDIC to clawback compensation based on negligence for covered financial companies
    2011-07-06

    The FDIC has adopted final rules which provide that the FDIC, as receiver of a covered financial company, may recover from senior executives and directors who were substantially responsible for the failed condition of the company any compensation they received during the two-year period preceding the date on which the FDIC was appointed as receiver, or for an unlimited period in the case of fraud.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Stinson LLP, Board of directors, Employment contract, Deferred compensation, Option (finance), Negligence, Legal burden of proof, Liquidation, Depository institution, Bank holding company, Business judgement rule, Gross negligence, Severance package, Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Chief financial officer
    Authors:
    Stephen M. Quinlivan
    Location:
    USA
    Firm:
    Stinson LLP

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