Recently, the Sixth Circuit renewed Detroit-based Commercial Law Corporation’s (CLC) lawsuit against the Federal Deposit Insurance Corporation (FDIC) for $176,750 in deferred attorney’s fees for legal services provided by CLC to a now-failed Michigan bank. The Sixth Circuit overturned summary judgment for the FDIC, and while the court did not resolve the unpaid fees claim, … Continue Reading
In FDIC v. AmTrustFinancial Corporation, the Sixth Circuit considered the results of the very first trial in the nation under Bankruptcy Code Section 365(o). Section 365(o) is an infrequently litigated provision of the Bankruptcy Code that requires a party seeking Chapter 11 bankruptcy protection to fulfill “any commitment . . . to maintain the capital … Continue Reading
The FDIC has recently appealed a loss it suffered at trial on the question of whether the debtor in bankruptcy (the holding company of a failed bank) made a “commitment” to maintain the capital of its subsidiary bank under Section 365(o) of the Bankruptcy Code. After a week-long bench trial with an advisory jury, the … Continue Reading