Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

How To Protect Your Money Before Your Bank Fails, And What You Can Do If It Does

Author: Bruce Feffer

Date: March 14, 2023

Key Contacts

Back
How To Protect Your Money Before Your Bank Fails

As news rolled in about the recent failure of Silicon Valley Bank and the government takeover of Signature Bank, many people were understandably nervous. One of my overseas clients texted me that he had money on deposit at one of those banks and worried that it was gone forever.

As the government and banking industry grapples with how to avoid such crises in the future, individuals and businesses need to know how to protect themselves and what options they have in the event they face a similar situation.

When your Bank Fails, Know Your Options

When a bank fails (essentially running out of money) or goes into receivership (a form of government or court-ordered takeover intended to preserve remaining assets), individual and commercial depositors should immediately consider the following options:

  • Collect Guaranteed Deposit Insurance:  The FDIC (Federal Deposit Insurance Corporation) generally insures deposits up to $250,000 per depositor per bank. Although it may take some time to actually receive the funds, depositors can at least be reasonably sure that funds up to the monetary limit will be protected. In the case of Silicon Valley Bank and Signature Bank, the federal government agreed to protect depositors even beyond this cap, but it is unclear whether that will apply to other banks in the future. Holding certain types of assets in a joint account can increase the amount of the coverage. In addition, opening accounts at separate banks will allow you to take advantage of the “per depositor per bank” maximum coverage.
  • Submit A Creditor Claim: If a bank goes into receivership or bankruptcy, depositors may be able to file a claim as a creditor. This means they are owed money by the bank and have a legal right to receive a portion of the bank’s assets when they are distributed. However, depositors may not receive the full amount of their deposit, and the process can be lengthy.
  • Pursue Transferred Assets: In some cases, the deposits of a failed bank may be transferred to another bank (known as a “bridge bank”). This can happen through a purchase of the failed bank’s assets by another bank or by a government agency. Depositors’ accounts can then be retrieved from or maintained at the new bank. Direct deposits of pay checks or Social Security can also be re-routed to the bridge bank.
  • Legal Action: In some cases litigation is necessary to retrieve deposits from the failed bank or from a government trustee or receiver. Litigation can be costly and time consuming and there is no guarantee that any funds will be recovered at all. Still, this is an option that must be considered in consultation with a qualified attorney.
  • Consult SIPC: Accounts with brokerage firms, typically containing securities, are protected under a different set of regulations and an entity called the Securities Investor Protection Corporation. SIPC generally covers up to $500,000 per customer although in certain situations the amount can be higher. When a brokerage firm fails, SIPC will attempt to transfer the accounts to a new firm and process claims for any funds that are missing. The SIPC website should be consulted for further details.

Be Proactive. Protect Yourself Against A Future Financial Crisis

It’s important to be proactive in protecting your assets before a crisis occurs. Many people only learn that their bank is in trouble after it’s too late. One way to check the financial health of a bank is to obtain its “rating”. Standard & Poor’s rates banks based on their financial strength and ability to meet financial obligations. Ratings range from a high of AAA to a low of D. Moody’s Investors Service offers ratings from AAA (highest) to C (lowest). These and other services can provide detailed research data to help depositors learn more about the strength and health of a particular bank or financial institution. In addition, many banks will display their ratings on their own websites or in their publicly available annual reports.

Of course, there is no substitute for a direct conversation with a personal banker or account manager regarding not only the financial health of the bank but also what programs or products the bank might offer to protect your accounts in a worst case scenario.

If your business is experiencing a financial crisis due to a bank failure or other calamity, or you simply want to discuss strategies and options to protect your assets, consultation with legal counsel is advisable. Our team of experienced lawyers can assist you in a wide variety of areas of law. If you need assistance, give me a call or email me and I’ll be happy to help.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Bruce Feffer, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Crypto Investor Protection: SEC and CFTC Enforcement Trends post image

Crypto Investor Protection: SEC and CFTC Enforcement Trends

Crypto investor protection continues to evolve, with the SEC and CFTC investing resources and coordinating more closely to uphold regulatory standards. Whether you’re a retail investor, an institutional trader, or part of a crypto startup, understanding enforcement trends is essential for navigating this dynamic and high-stakes regulatory environment. Crypto Is No Longer the Wild West […]

Author: Dan Brecher

Link to post with title - "Crypto Investor Protection: SEC and CFTC Enforcement Trends"
New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters post image

New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters

A Settled Regulatory Environment Enables Confident Capital Planning New Jersey’s new manufacturing incentive program, Next New Jersey Manufacturing Program,  enters 2026 with something uncommon in economic development these days: policy stability. The statute is enacted, New Jersey Economic Development Authority’s (“NJEDA”) rules are adopted, and the application portal is open. With the election outcome settled, […]

Author: Michael J. Sheppeard

Link to post with title - "New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters"
A Simple Guide to Industry Roll-Up Acquisitions post image

A Simple Guide to Industry Roll-Up Acquisitions

When done successfully, industry roll-up acquisitions can dramatically grow and strengthen your business. In this post, we break down what an industry roll-up is, why companies pursue it, and what makes it an effective (and sometimes risky) business strategy. What Is an Industry Roll-Up Acquisition? In an industry roll-up acquisition of companies, a buyer acquires multiple companies […]

Author: Dan Brecher

Link to post with title - "A Simple Guide to Industry Roll-Up Acquisitions"
Genesis Mission: How the U.S. Government’s New AI Platform Will Reshape Corporate Innovation, Risk, and Competition post image

Genesis Mission: How the U.S. Government’s New AI Platform Will Reshape Corporate Innovation, Risk, and Competition

The federal government has launched one of the most ambitious scientific initiatives in decades, and it will redefine how companies develop technology, manage risk, and compete. The Genesis Mission, created by Executive Order and driven by the Department of Energy (“DOE”), is intended to accelerate scientific discovery through a national AI platform that links supercomputers, […]

Author: Michael J. Sheppeard

Link to post with title - "Genesis Mission: How the U.S. Government’s New AI Platform Will Reshape Corporate Innovation, Risk, and Competition"
Stablecoins and the GENIUS Act: How New Global Rules Are Reshaping Compliance post image

Stablecoins and the GENIUS Act: How New Global Rules Are Reshaping Compliance

Stablecoins Leave the Grey Zone Stablecoins were supposed to be the “boring” part of crypto: digital dollars that just work. Yet for years they have lived in a regulatory no-man’s-land, classified one day as securities, the next as commodities, and sometimes as something regulators had not even named yet. That uncertainty is finally starting to […]

Author: Bryce S. Robins

Link to post with title - "Stablecoins and the GENIUS Act: How New Global Rules Are Reshaping Compliance"
Don’t Overlook the Importance of Business License Management post image

Don’t Overlook the Importance of Business License Management

If you operate a business without the proper license, you risk fines, insurance issues, reputational harm, and even business closure. Even innocent mistakes, like forgetting to renew a license, can have significant consequences, such as losing your lawsuit for payment of services that are unlicensed, which makes it imperative to have business license management procedures […]

Author: Dan Brecher

Link to post with title - "Don’t Overlook the Importance of Business License Management"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!