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IN RE AMTRUST FINANCIAL CORP.

No. 11-3677.

694 F.3d 741 (2012)

In re AMTRUST FINANCIAL CORPORATION, Debtor. Federal Deposit Insurance Corporation, Appellant, v. AmTrust Financial Corporation, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 14, 2012.

Attorney(s) appearing for the Case

ARGUED: Minodora D. Vancea , Federal Deposit Insurance Corporation, Arlington, Virginia, for Appellant. Pierre H. Bergeron , Squire Sanders & Dempsey (US) LLP, Cincinnati, Ohio, for Appellee. ON BRIEF: Minodora D. Vancea , Michelle Ognibene , Federal Deposit Insurance Corporation, Arlington, Virginia, for Appellant. Pierre H. Bergeron , Stephen D. Lerner , Robert A. Amicone, II , Squire, Sanders & Dempsey (US) LLP, Cincinnati, Ohio, Richard S. Gurbst , Philip M. Oliss , Squire, Sanders & Dempsey (US) LLP, Cleveland, Ohio, for Appellee.

Before: MARTIN and DAUGHTREY, Circuit Judges; MALONEY, District Judge.

OPINION

PAUL L. MALONEY, Chief District Judge.

When AmTrust Financial Corporation ("AFC") filed for bankruptcy in late 2009, the FDIC was appointed receiver for AFC's subsidiary, AmTrust Bank ("the Bank"). In that capacity, the FDIC sought payment from AFC under 11 U.S.C. § 365(o), which requires that a party seeking Chapter-11 bankruptcy fulfill "any commitment ... to maintain the capital of an insured...

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