When an employer files for bankruptcy, employees often worry about the fate of their severance payments. Under Section 503(b)(1)(A) of the Bankruptcy Code, wages, salaries, and commissions for services rendered after the commencement of the bankruptcy case are treated as administrative expense claims. Additionally, Section 507(a)(4) grants priority status to wages, salaries, or commissions, including severance, earned within 180 days of the bankruptcy filing, up to a statutory cap. These provisions aim to protect employees’ compensation but apply to different time periods and have varying priority levels, which can impact severance payments differently.
FDIC Acting Chairman Hill Outlines Near-Term Policy Direction
On January 20, Travis Hill became the Acting Chairman of the Federal Deposit Insurance Corporation (FDIC). Following his remarks on FDIC policy issues on January 10 at the American Bankers Association, in his first statement as Acting Chairman, Hill highlighted various priorities and mentioned new initiatives, emphasizing a commitment to regulatory reform, innovation, and a focus on core financial risks.
A Minefield in Russia’s Energy Sector: Biden’s Final Sanctions Act May be Game-Changing
Days before President Biden leaves the White House, the U.S. government has delivered a major blow against Russia. On January 10, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced its most comprehensive sanctions to-date against Russia’s energy sector. OFAC’s sanctions were complemented by another sweeping sanctions action by the U.S. Department of State (State Department) on the same day.
Trump Administration Expected to Roll Back Biden-Era UDAP Rules
James Kim, a leader in Troutman Pepper Locke’s Payments + Financial Technology Group, was quoted in the January 16, 2025 Banking Risk & Regulation article, “Trump Administration Expected to Roll Back Biden-Era UDAP Rules.”
James Kim, head of law firm Troutman Pepper Locke’s fintech group, says: “UDAP has been controversial in the US…
BaaS Outlook Brighter After Period of Growing Pains
James Stevens, co-leader of Troutman Pepper Locke’s Financial Services Industry Group, was quoted in the January 15, 2025 Banking Dive article, “BaaS Outlook Brighter After Period of Growing Pains.”
CFPB Renews Attempt to Regulate Crypto by Applying Reg E to Stablecoins and Other Digital Payment Mechanisms
On January 10, the Consumer Financial Protection Bureau (Bureau) issued a notice of proposed interpretive rule (Proposed Rule). The deadline for comments is March 31, 2025. The Proposed Rule would apply the Electronic Fund Transfer Act (EFTA)—which protects consumers against errors and fraud—to new types of digital payment mechanisms, including stablecoins and other digital currencies.
Court Rules Against Banco San Juan Internacional, Inc. in Master Account Dispute
On January 8, the United States District Court for the Southern District of New York dismissed the claims brought by Banco San Juan Internacional, Inc. (BSJI) against the Federal Reserve Bank of New York (FRBNY) and the Board of Governors of the Federal Reserve System (Board). BSJI alleged that the termination of its master account by the FRBNY violated various federal laws. The ruling in the BSJI case underscores the discretionary authority of Federal Reserve Banks in granting or denying master accounts.
What Are First-Day Motions and the First-Day Hearing, and Why Should I Care?
When a company files for Chapter 11 bankruptcy, it must navigate numerous challenges and adapt to operating under the Bankruptcy Code. To facilitate this transition, the company typically files a series of motions known as “First-Day Motions” shortly after the bankruptcy petition is filed. These motions aim to prevent a complete shutdown of operations and reduce administrative burdens. They are addressed at a “First-Day Hearing,” which usually occurs within one or two days of the case commencement.
CFPB Rules, M&A Standards Most Likely CRA Repeal Targets
Alex Barrage, a partner with Troutman Pepper Locke, was quoted in the January 9, 2025 American Banker article, “CFPB Rules, M&A Standards Most Likely CRA Repeal Targets.”
Wall Street Notches Another Win as Fed’s Barr Clears the Way for Gentler Banking Regulator
Alex Barrage, a partner with Troutman Pepper Locke, was quoted in the January 7, 2025 CNBC article, “Wall Street Notches Another Win as Fed’s Barr Clears the Way for Gentler Banking Regulator.”