Bank Meridian, N.A. v. Ultra Holdings, LLC (In re Earth Structures, Inc. This court’s Feb. 29, 2012 summary judgment order in favor of SCBT, N.A. was based primarily on the application of 12 U.S.C. § 1823(e); however, a June 4, 2012 letter from SCBT indicates that the FDIC had recently suggested that SCBT had assumed some of the liabilities of its predecessor, plaintiff Bank Meridian, N.A. In light of the letter, the court can no longer say that no act of SCBT could give rise to liability for defendant Wicker’s counterclaims; further, the court cannot determine how the defenses asserted by Wicker may be affected until the details of any assumption are understood.
Tagged with: counterclaims
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