Federal Deposit Insurance Corp. v. Rodriguez (In re United Western Bancorp, Inc.)

ORDER REVERSING BANKRUPTCY COURT’S JUDGMENT

William J. Martinez, United States District Judge

The Federal Deposit Insurance Corporation (“FDIC”), acting as receiver for the defunct United Western Bank (“Bank”), appeals the Bankruptcy Court’s determination that a tax refund generated on account of the Bank’s losses should remain a part of the bankruptcy estate of the Bank’s parent company, United Western Bancorp, Inc. (“Holding Company”). See In re United W. Bancorp, Inc., 558 B.R. 409 (Bankr. D. Colo. 2016) (“UWBI ”). For the reasons explained below, the Court finds that the relevant contract…