In a previous post, we discussed the Federal Deposit Insurance Corporation’s (FDIC) notice of proposed rulemaking aimed at enhancing recordkeeping for bank deposits received from fintech and other third-party, non-bank companies. The proposed rule initially set a public comment period ending on December 2, 2024. Yesterday, the FDIC announced a 45-day extension to this comment period, now allowing stakeholders until January 16, 2025, to submit their feedback.

When a customer files for bankruptcy, sellers may wonder if they can stop the shipment of goods. While the Bankruptcy Code does not explicitly permit this, the Uniform Commercial Code (UCC) provides guidelines under Sections 2-702, 2-703, and 2-705. Sellers can stop shipment if the buyer is insolvent or has failed to pay for the goods on time. However, they must instruct the carrier or bailee not to release the goods, and this instruction should be in writing.

During the event, industry leaders and experts will discuss emerging technologies like Artificial Intelligence (AI) and business-to-business (B2B), and provide updates on faster payments developments and policy changes at both federal and state levels. James, alongside Ali Cook, a Corporate & Finance Partner at Arnall Golden Gregory, will host the “Discussion of DOJ Lawsuit and Capital One / Discover Merger” panel.

Filing an involuntary bankruptcy petition is a serious legal action that creditors must approach with caution. The requirements for such filings are strictly construed and applied, meaning that any misstep can lead to significant consequences. Creditors must meet specific statutory requirements, such as having a minimum number of petitioning creditors and holding a certain amount of eligible unsecured claims. Failure to meet these requirements can result in the dismissal of the petition, potentially leading to the creditor being ordered to pay the debtor’s reasonable attorney’s fees.

Over one year ago, on October 3, 2023, the Federal Deposit Insurance Corporation (FDIC) proposed supervisory guidelines that would establish standards for corporate governance and risk management for all state non-member banks with assets greater than $10 billion (Proposed Guidelines). Unlike guidance, which does not have the force and effect of law, any final guidelines based on the Proposed Guidelines (Final Guidelines) would be issued as Appendix C to the FDIC’s standards for safety and soundness in part 364, pursuant to Section 39 of the FDI Act.

Bankruptcy provisions in contracts are often included as a safeguard against potential financial instability of a contract counterparty. However, the enforceability of these provisions in bankruptcy is not guaranteed. Key issues include bankruptcy default provisions, anti-assignment provisions, and automatic stay waivers. Bankruptcy default provisions, which trigger contract termination upon insolvency or bankruptcy filing, are generally unenforceable under Section 365(e)(1) of the Bankruptcy Code. Anti-assignment provisions, which prevent the assignment of contracts without consent, are also typically unenforceable in bankruptcy, with exceptions for personal service contracts and certain intellectual property licenses.