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News & Analysis as of May 24, 2013

Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk

Successor Banks of FDIC assets Not so Jolly after Jolley - A New Duty to Investigate?

by Allan Ickowitz, John Kim, Jennifer Meeker | Nossaman LLP on 5/7/2013

A recent California case appears to contradict the general rule holding that a successor bank that has acquired a commercial loan through an FDIC receivership may owe a duty to a commercial borrower to reasonably investigate...more

FDIC and OCC Propose Limits on Deposit Advance Loans

by Jeffrey M. Werthan | Katten Muchin Rosenman LLP on 5/1/2013

On April 25 the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) proposed for public comment supervisory guidance to institutions subject to their jurisdictions (i.e.,...more

OCC and FDIC proposed guidance could effectively ban deposit advance loans

by Jeremy T. Rosenblum | Ballard Spahr LLP on 4/30/2013

Last Thursday, the Office of the Comptroller of the Currency and Federal Deposit Insurance Corporation proposed guidance on deposit advance loans. The Federal Reserve Board declined to join the OCC and FDIC and instead...more

Banking & Financial Services E-Note - April 25, 2013

by John Chiles, Benjamin Coulter, Bryan Glover, John Michael Kearns, Mignon Lunsford, Zachary Miller, Jordan Teague | Burr & Forman on 4/26/2013

In This Issue: - Regulators Could Step in with Tougher Rules as Bank Profits Rise - Bill Would Force Study of Basel III Impact on Bank Capital Costs - Regulator Wants Enforcement Powers Against Bank...more

Rogers Towers: Use of FDIC Special Powers: Overview

by Scott J. Kennelly | Rogers Towers on 1/10/2013

Last month, the Federal Deposit Insurance Corporation reported that 470 financial institutions have failed since 2007. It is no wonder, then, that many institutions are embroiled in litigation involving loans made by failed...more

Banking & Financial Services E-Note - December 2012

by Burr & Forman on 12/28/2012

In This Issue: - Accounting Rule Would Force Banks to Take Loan Write-Downs - End of TAG Program Has Community Banks Concerned - New Mortgage Rules Protect Banks from Homeowner Lawsuits - Obama Signs Bills...more

Officer Liability for Bank Losses: The Jury Speaks

by John F. Libby, Harold P. Reichwald | Manatt, Phelps & Phillips, LLP on 12/12/2012

Last week, a jury in Los Angeles federal court in a case entitled FDIC v. Van Dellen, et al. found three former officers of the failed IndyMac Bank liable for $168 million in losses in construction loans suffered by the...more

Bank News - November 2012: Participations — Problems In The Making, And How To Avoid Them, Part II

by Michael A. Campbell | Polsinelli on 11/1/2012

Originally published in Bank News, November 2012. The most critical component of the relationship between the lead bank and its participants, and the source of most disagreements, is communication. A prudent lead bank...more

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