Deutsche Bank Nat'l Trust Co. v. FDIC, No. 11-56339 (9th Cir. 2014)
Annotate this CaseDeutsche Bank appealed the dismissal of its claims against the FDIC. At issue was whether Deutsche Bank's claims were general unsecured claims under 12 U.S.C. 1821(d)(11) and thereby prudentially moot because of the lack of sufficient funds in the estate to pay unsecured claims. The court concluded that, because Deutsche Bank was a quintessential creditor, its claims were third-tier general unsecured liabilities under section 1821(d)(11)(A)(iii), and the district court properly held that Deutsche Bank's claims were prudentially moot, as there were insufficient funds to satisfy general unsecured liabilities. Accordingly, the court affirmed the judgment of the district court.
Court Description: Mootness. In an interlocutory appeal, the panel affirmed the district court’s dismissal of Deutsche Bank National Trust Co.’s claims against the Federal Deposit Insurance Corporation on prudential mootness grounds. The panel held that the scope of the appeal was limited to the question of law—prudential mootness—certified by the district court. The panel held that because Deutsche Bank was a quintessential creditor, its claims were third-tier general unsecured liabilities under 12 U.S.C. § 1821(d)(11)(A)(iii), and the district court properly held that Deutsche Bank’s claims were prudentially moot, as there were insufficient funds to satisfy general unsecured liabilities.
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