Not Every Promise is a Capital Commitment – Litigating Section 365(o) Claims By the FDIC

    View Authors January 2013
    Squire Sanders successfully argued in front of the US Court of Appeals for the Sixth Circuit, which affirmed an earlier ruling in favor of AmFin Financial Corporation, a bank holding company, against the Federal Deposit Insurance Corporation (FDIC). That ruling, made by the US District Court for the Northern District of Ohio after empaneling an advisory jury, had denied certain capital commitment claims asserted by the FDIC against AmFin under section 365(o) of the Bankruptcy Code. Squire Sanders lawyers Stephen D. Lerner, G. Christopher Meyer and Andrew M. Simon discuss the case and this ruling in “Not Every Promise is a Capital Commitment – Litigating Section 365(o) Claims By the FDIC,” published by A.S. Pratt in the January 2013 issue of Pratt’s Journal of Bankruptcy Law.