By: WISCONSIN LAW JOURNAL STAFF//April 17, 2012//
By: WISCONSIN LAW JOURNAL STAFF//April 17, 2012//
United States Court of Appeals For the Seventh Circuit
Civil
Banking – FIRREA – notice — administrative exhaustion
Twelve days’ notice provides a meaningful opportunity to submit a claim under FIRREA.
“[T]the near-midnight discovery scenario was not present here. Trustee had twelve days to draft and submit a claim. While this might not be an ideal amount of time to craft a claim, the Trustee in fact used this time to draft a detailed letter to the Insurer demanding repayment. The district court was justified in ruling that the Trustee could have presented a written claim to the FDIC receiver within that two-week time period. Because Trust’s claim was not filed within the bar window and the Trustee learned of the claim with enough time to draft a claim, the district court properly concluded that it did not have authority over the present matter.”
Affirmed.
Appeal from the United States District Court for the Central District of Illinois, Baker, J., Cudahy, J.