In re SVB Financial Group - Listen to the Court of Appeals argument re FDIC setoff rights of 1/26/26

Got something to say to this podcast? Send a voicemail, and you might hear yourself on the next episode!

... and link to the Court of Appeals ruling: https://ww3.ca2.uscourts.gov/decisions/OPN/25-567_opn.pdf

---

Listen to the argument before the U.S. Court of Appeals for the Second Circuit held January 26, 2026. The Court of Appeals took the matter under advisement. Then, a few months later, the three- judge panel of judges assigned to the appeal ruled in favor of the Federal Deposit Insurance Corporation (the FDIC), as receiver for Silicon Valley Bank and Silicon Valley Bridge Bank, N.A. The ruling is reflected in the written opinion handed down September 9, 2026: https://ww3.ca2.uscourts.gov/decisions/OPN/25-567_opn.pdf

The Court of Appeals held that the FDIC was not required to file a proof of claim in the SVB bankruptcy proceedings in the Southern District of New York, to preserve the FDIC's defensive setoff rights in a lawsuit in California.