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The D'Oench Doctrine and its Statutory Counterpart

Beginning with the Supreme Court’s D’Oench decision in 1942, the FDIC has been protected against certain claims and defenses tending to diminish or defeat its interest in a failed bank’s assets. The doctrine has been broadly applied and expanded by judicial interpretation and legislative codification. This article discusses this history as reflected in the cases, and note the exceptions to the doctrine and its statutory counterpart.
This article was first published in the January 2013 issue of The Review of Banking & Financial Services, Vol. 29 No. 1.

Barney Given is a partner and Debra Minoff is an associate in the Bankruptcy, Restructuring and Creditors’ Rights Litigation practice of Loeb & Loeb LLP in California and New York, respectively.