Scott J. Kennelly

Scott J. Kennelly

Rogers Towers

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Latest Posts › Special Powers

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IBERIABANK v. Beneva

When an institution acquires a failed bank from the FDIC as Receiver and then faces litigation arising from the failed bank’s loans, FDIC “special powers” can often be asserted by the institution, as assignee of the FDIC as...more

1/16/2015 - Appeals Assignments Banks Commercial Leases Commercial Loans FDIC Lease Termination Receivership Secured Lenders Special Powers

Rogers Towers: Use of FDIC Special Powers: Knowledge by the FDIC or its Assignees is Irrelevant

In previous posts, we introduced the protections afforded the FDIC by the D’Oench Doctrine and 12 U.S.C. § 1823(e), which bar claims and defenses against the FDIC and its assignees by private parties based on improperly...more

2/5/2013 - Acquisitions Assignees D’Oench Doctrine FDIC Insolvency Pleadings Special Powers Successors Written Agreements

Rogers Towers: Use of FDIC Special Powers: The Expanded Scope of the Term “Agreement”

In previous posts, we introduced the protections afforded the FDIC by the D’Oench Doctrine and 12 U.S.C. § 1823(e), which bar claims and defenses against the FDIC and its assignees by private parties based on improperly...more

1/31/2013 - D’Oench Doctrine FDIC Misrepresentation SCOTUS Special Powers

Rogers Towers: Use of FDIC Special Powers by Assignees of the FDIC

Courts have extended the protections afforded the FDIC by the D’Oench Doctrine and 12 U.S.C. § 1823(e) to successors or assignees of the FDIC as receiver of the failed banks....more

1/22/2013 - Assignees D’Oench Doctrine FDIC Special Powers Successors

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