Banks and Thrifts: Government Enforcement and Receivership
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Banks and Thrifts: Government Enforcement and Receivership is the first and only comprehensive guide to practice in this expanding area of banking law. This publication untangles and synthesizes the complexity of enforcement and receivership law, with an emphasis on the role of the FDIC, and helps you to:
• Evaluate claims
• Choose the best course of conduct in each case, protect banks against regulatory violations
• Proceed knowledgeably through informal enforcement proceedings
• Defend or litigate with confidence
• Guide financial institutions through the seizure process
• Represent debtors and creditors
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Table of contents
Part I INTRODUCTION
Chapter 1 Historical Perspective
Chapter 2 History and Coordination of the Agencies’ Enforcement Powers
Part II APPLICATION AND EXAMINATION
Chapter 3 Application Process
Chapter 4 Examination Process
Part III: DUTIES, RESPONSIBILITIES, AND POTENTIAL CIVIL LIABILITY OF DIRECTORS, OFFICERS AND PROFESSIONALS
Chapter 5 Directors and Officers of Financial Institutions
Chapter 6 Duties, Responsibilities, and Potential Liability of Outside Professionals
Chapter 6A Director's Examinations
Chapter 6B Bank Audits by Independent Accountants
Chapter 7 Director and Officer Insurance and Bond Claims
Part IV: REGULATORY ENFORCEMENT PROCESS AND PARALLEL PROCEEDINGS
Chapter 8 Informal Enforcement Process
Chapter 9 Formal Enforcement Process
Chapter 10 Parallel Civil and Criminal Proceedings
Part V: FDIC, FEDERAL ASSISTANCE AND TROUBLED INSTITUTIONS
Chapter 11 Federal Deposit Insurance Corporation and Open Institution Assistance
Chapter 12 Regulatory Seizure of Institutions
Chapter 13 Failed Financial Institution Transactions
Chapter 14 Troubled Holding Companies
Chapter 14A Subsidiaries of Failed Institutions
Part VI: RECEIVERSHIP LAW – GENERALLY
Chapter 15 Origin and Nature of Bank and Thrift Receiverships
Chapter 16 Possession and Title of Receivers Generally
Chapter 17 Rights and Obligations of Receivers Generally
Chapter 18 Administration of Receivership Estates
Part VII: SPECIAL POWERS OF FDIC/RTC
Chapter 19 Overview of Special Powers of the FDIC
Chapter 20 Powers of the FDIC and RTC as Receiver or Conservator to Affirm or Repudiate Contracts
Chapter 21 Other Non-Litigation Special Powers
Chapter 22 Extension of Certain Special Powers to Third Parties
Chapter 23 Claims Procedures Against Receivers
Part VIII: LITIGATION SPECIAL POWERS OF FDIC/RTC
Chapter 24 Special Litigation Powers - Procedures and Limitations
Chapter 25 Special Litigation Powers - The D’Oench Doctrine, 12 U.S.C. Section 1823(e), and Federal Holder in Due Course Doctrine
Chapter 26 Interaction Between Banking Laws and Securities Laws
Chapter 27 Litigation Pertaining to Preferential Transfers Affecting National Banks
Chapter 28 Interaction Between Banking Laws and the Bankruptcy Code