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Banking Law Keyed to Barr, 3rd Ed.
FDIC v. Bank of Coushatta
Citation:
930 F.2d 1122 (1991)Facts
The Bank of Coushatta, a Louisiana-chartered bank, was operating under the FDIC capital forbearance program attempting to bring its capital to minimum required levels. In July 1989, the FDIC determined that the Bank could not comply with its second capital forbearance plan because its loss classifications exceeded projections. The FDIC issued a notice of intent to issue a capital directive requiring the Bank to increase its primary capital by $725,000 and achieve specific capital ratios by December 31, 1989. The Bank responded with a brief letter acknowledging capital deficiency but did not dispute the FDIC’s classifications or calculations, nor did it submit a proposal for meeting the requirements. In September 1989, the FDIC issued the directive. When the Bank failed to comply, the FDIC sought enforcement in district court, which issued an ex parte order in July 1990 requiring compliance.
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