Bank (“WMB”), which was placed in FDIC receivership on September 25, 2008,have brought constructive and actual intent fraudulent conveyance and preference
claims against the FDIC to recover certain amounts transferred to WMB before
its failure. See Complaint, ¶¶ 25-44, Washington Mutual, Inc, v. FDIC, Case No.
1:09-cv-00533(RMC)(March 20,2009). The FDIC has not raised Section 730 as a
defense, presumably because WMB was never issued a directive to raise capital. See
Memorandum of Law in Support of the Partial Motion to Dismiss of Defendant
FDIC, as Receiver for Washington Mutual Bank, pp. 23-27 (moving to dismiss
fraudulent transfer claims on other grounds).
20 See Asarco, 396 B.R. at 369; In re Alder, 263 B.R. at 443; In re Formaggio Mfg., 23