Investors who bought bonds in Silicon Valley Bank’s parent company as the bank teetered are risking a bankruptcy-court battle with the Federal Deposit Insurance Corp. over billions of dollars in assets, WSJ Pro Bankruptcy reported. Friday’s chapter 11 filing by SVB Financial Group, the parent company of the failed bank, shines the spotlight on legal questions that have lingered since the 2007-09 financial crisis about when bank holding companies are responsible for making up losses stemming from failed banking subsidiaries. The U.S. government’s decision to protect all depositors at Silicon Valley Bank, regardless of the size of their accounts, is expected to cost the FDIC, which normally only insures bank deposits up to a $250,000 limit. The FDIC can make up any losses to its deposit insurance fund with a special assessment on other banks. But the FDIC, which now runs Silicon Valley Bank as its receiver, could seek to collect funds from the parent company’s nonbank assets to help it cover depositor losses. If the FDIC’s claims on SVB Financial are deemed to be stronger than bondholders’, that could weigh on their recoveries in the chapter 11 case. The legal questions are murky. The FDIC has failed in some past efforts to hold parent companies responsible for their banking units’ losses, such as when it lost a bankruptcy-court fight to recover $900 million from the holding company of Alabama’s Colonial Bank following its 2009 failure.
