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    Massachusetts high cost home loan law is preempted by TILA, court rules
    2011-09-30

    The U.S. Bankruptcy Court for the District of Massachusetts ruled that the Massachusetts Predatory Home Loan Practices Act, Chapter 183C of the General Laws of Massachusetts, is preempted by the high cost home loan provisions of the federal Truth in Lending Act (“TILA”) for federally chartered depository institutions. The July 27 ruling came in a case brought by Massachusetts residents who had jointly received a home mortgage loan from a national bank.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Nutter McClennen & Fish LLP, Federal preemption, Tax exemption, Credit (finance), Consumer protection, Mortgage loan, Depository institution, US Federal Government, Federal Reserve (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Truth in Lending Act 1968 (USA), Supreme Court of the United States, United States bankruptcy court, US District Court for District of Massachusetts
    Authors:
    Kenneth F. Ehrlich , Michael K. Krebs
    Location:
    USA
    Firm:
    Nutter McClennen & Fish LLP
    Living wills: FDIC approves final rules
    2011-09-16

    On Tuesday morning, the Federal Deposit Insurance Corporation (“FDIC”) Board unanimously approved two rules regarding resolution planning: one rule for large bank holding companies and nonbank financial companies supervised by the Federal Reserve Board of Governors (“FRB”),1 and the other rule for large banks.2

    Filed under:
    USA, Banking, Insolvency & Restructuring, Morrison & Foerster LLP, Board of directors, Federal Register, Federal Reserve Board, Liquidation, Depository institution, Bank holding company, Default (finance), Bank regulation, Systemic risk, Subsidiary, Federal Deposit Insurance Corporation (USA), Financial Stability Oversight Council, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Authors:
    Dwight Smith , Alexandra Steinberg Barrage , Jeremy Mandell
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    Living wills
    2011-09-20

    On September 13th, the FDIC voted to approve a final rule to be issued jointly with the Federal Reserve Board that would implement Section 165(d) of the Dodd-Frank Act. That provision requires bank holding companies with assets of $50 billion or more and companies designated as systemic by the Financial Stability Oversight Council to report periodically to the FDIC and the Federal Reserve the company's plan for its rapid and orderly resolution in the event of material financial distress or failure. The Federal Reserve will consider whether to adopt the rule shortly.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Winston & Strawn LLP, Board of directors, Federal Reserve Board, Depository institution, Bank holding company, Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), Financial Stability Oversight Council, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    FDIC proposes derivatives recordkeeping rule for troubled institutions
    2008-08-07

    On July 28, 2008, the Federal Deposit Insurance Corporation (“FDIC”) published for comment a proposed rule that would require certain troubled depository institutions to maintain records of their qualified financial contracts (“QFCs”) in order to provide the FDIC with basic information when the agency is appointed as receiver. 73 Fed. Reg. 43635. Comments on the proposed rule must be received by the FDIC by September 26, 2008.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Fried Frank Harris Shriver & Jacobson LLP, Security (finance), Market liquidity, Swap (finance), Commodity, Depository institution, Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), Federal Deposit Insurance Act 1950 (USA)
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    FDIC procedures as receiver for failed banks and thrifts continue to evolve
    2008-12-09

    As we have recently noted, the federal banking agencies have worked together to expand the pool of investors eligible to bid to acquire failing depository institutions. See our 21st Century Money, Banking & Commerce Alert entitled “OCC Approves Shelf Charter for National Banks to Encourage New Investment” (Nov. 25, 2008). The Federal Deposit Insurance Corporation (“FDIC”) has recently modified the receivership process in less obvious ways that also may have important ramifications for investors. 

    Filed under:
    USA, Banking, Insolvency & Restructuring, Fried Frank Harris Shriver & Jacobson LLP, Market liquidity, Depository institution, Federal Deposit Insurance Corporation (USA), HM Treasury (UK), Federal Reserve (USA), Office of Thrift Supervision, Citigroup, Citibank
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Gift cards (the gift that may stop giving)
    2008-11-30

    Attention holiday shoppers. Not sure what to buy Aunt Matilda or cousin George? A gift card allows them to buy whatever they like? Maybe. Large retailers such as Sharper Image, Bombay Company and Linens ‘N Things have filed for bankruptcy or gone out of business, leaving behind millions of dollars in unused gift cards. In bankruptcy, money left on a gift card is treated as a debt, which the bankruptcy court can decide if it is to be repaid, and how. If the retailer stays in business, the court may allow it to continue to honor its cards, but even then consumers may not get the full value.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Reed Smith LLP, Bankruptcy, Retail, Unsecured debt, Debt, General counsel, Depository institution, Federal Trade Commission (USA), Federal Deposit Insurance Corporation (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    Investor consortium acquires BankUnited with FDIC assistance
    2009-05-21

    Today, after an extended auction, the OTS closed BankUnited, FSB, headquartered in Coral Gables, Florida and named theFDIC as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Interest, Investment management, Limited liability company, Limited partnership, Consortium, Depository institution, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC Chairman Sheila Bair addresses the Institute of International Bankers conference
    2009-11-11

    Yesterday, FDIC Chairman Sheila Bair, the keynote speaker at the Institute of International Bankers Cross-Border Insolvency Issues Conference in New York, stressed the need to end the “too big to fail” mentality by “eliminating the belief that the government will always support large, interconnected financial firms.” Chairman Bair noted that in order to do so, “we need an effective mechanism to close large, financial intermediaries when they get into trouble.”

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Market liquidity, Holding company, Depository institution, Deposit insurance, Capital requirement, Federal Deposit Insurance Corporation (USA)
    Authors:
    Maureen Whalen
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC poised to sue former directors and officers of failed banks
    2010-01-04

    As the financial crisis unfolds, the impact on U.S. financial institutions of all sizes continues to grow. The Federal Deposit Insurance Corporation (FDIC) took over 140 failed banks in 2009 at a cost of $27.8 billion to the Deposit Insurance Fund, a new high since the end of the savings and loan crisis of the late 80s and early 90s. For 2010, the FDIC is preparing for even more bank failures, increasing its budget by 35 percent and adding more than 1,600 to its staff.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Greenberg Traurig LLP, Fiduciary, Statute of limitations, Board of directors, Depository institution, Gross negligence, US Federal Government, Office of the Comptroller of the Currency (USA), Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), Office of Thrift Supervision
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    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

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