Wrongful Contract Repudiation
Can you sue the FDIC for wrongful repudiation of a contract? This was a question during a presentation on contract repudiation I gave last week. At least one set of borrowers and guarantors seem to be trying to answer that question.
Backstory of Beach DP, LLC v. United States
Christopher Frye and companies he controls borrowed money from, and guaranteed repayment to, the New Frontier Bank in Greely, Colorado. After the bank failed and the FDIC was appointed as receiver, the FDIC repudiated those loans with hundreds of thousands of dollars in as yet undisbursed funds. The result: no more funding.
The borrowers and guarantors (collectively here all together, the "borrowers") sought repudiation damages through the FDIC administrative claims process. Receiving an unsatisfactory decision, they sued the US government in the United States Court of Federal Claims by filing this complaint (PDF).
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