Feldman v. FDIC, No. 17-5009 (D.C. Cir. 2018)Annotate this Case
The DC Circuit reversed the district court's dismissal of a complaint for lack of subject matter jurisdiction. This appeal stemmed from plaintiff's efforts to recover fraudulent transfers made as a part of a Ponzi scheme. The complaint alleged that because plaintiff's letter to the president of Washington Mutual had advised Washington Mutual and the FDIC of her claim, she was entitled to receive, and had not received, mailed notice of the bar date under the Financial Institution Reform, Recovery, and Enforcement Act (FIRREA), 12 U.S.C. 1821. The court held that, taken together, the allegations in the amended complaint showed that although plaintiff mailed a letter to the bank's subsidiary, she did not receive mailed notice of the bar date from the FDIC, and consequently she did not file her claim with the FDIC until months after the bar date had passed, despite being an experienced trustee actively pursuing related bankruptcy claims.