12 C.F.R. § 360.4
Administrative expenses
The priority for administrative expenses of the receiver, as that term is used in section 11(d)(11) of the Act (12 U.S.C. 1821(d)(11), shall include those necessary expenses incurred by the receiver in liquidating or otherwise resolving the affairs of a failed insured depository institution. Such expenses shall include pre-failure and post-failure obligations that the receiver determines are necessary and appropriate to facilitate the smooth and orderly liquidation or other resolution of the institution.
Notes of Decisions
Cited in 6
cases, 1999–2016 · leading case: Deutsche Bank Nat'l Trust Co. v. Fed. Deposit Ins., 744 F.3d 1124 (9th Cir. 2014).
Deutsche Bank Nat'l Trust Co. v. Fed. Deposit Ins., 744 F.3d 1124 (9th Cir. 2014). “We pointed out that in its regulations, “the FDIC interpreted § 1821(d)(ll)’s priority scheme as including claims for damages arising from contract repudiation under § 1821(e), but not entitled to the same priority as administrative claims.”
MBIA Ins. v. Fed. Deposit Ins., 708 F.3d 234 (D.C. Cir. 2013). “The FDIC regulation instructs that the receiver's “administrative expenses” are "nec *244 essary expenses,” 12 C.F.R. § 360.4 (2008), such as payment of the institution’s last payroll, guard services, data processing services, utilities, and expenses related to leased…”
Federated Bank v. Fed. Deposit Ins., 645 F. App'x 853 (11th Cir. 2016). “” 12 C.F.R. § 360.4 . Here, Federated does not argue that its breach-of-contract claim under the participation agreement constitutes an administrative expense within the meaning of 12 C.”
MBIA Ins. Corp. v. Fed. Deposit Ins., 816 F. Supp. 2d 81 (D.D.C. 2011). “12 C.F.R. § 360.4 (2011). Examples of these expenses may include “the payment of the institution’s last payroll, guard services, data processing services, utilities and expenses related to leased facilities.”
Battista v. Fed. Deposit Ins., 195 F.3d 1113 (9th Cir. 1999). “a failed insured depository institution. Such expenses shall include pre-failure and post-failure obligations that the receiver determines are necessary and appropriate to facilitate the smooth and orderly liquidation or other resolution of the institution.”
Mbia Ins. Corp. v. Indymac Bank, F.S.B. (D.D.C. 2011). “12 C.F.R. § 360.4 (2011). Examples of these expenses may include “the payment of the institution’s last payroll, guard services, data processing services, utilities and expenses related to leased facilities.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.