Lawsuit against former execs at Irwin-Union dismissed

An Indianapolis judge has ruled in favor of three former Irwin Union Bank & Trust Co. executives, closing the book on a civil suit that the bank’s bankruptcy trustee originally filed in 2011.

“The Indiana Lawyer” is reporting that, on Friday, federal Judge Sarah Evans Barker granted a motion for summary judgement on two remaining claims against former CEO William Miller, former Chief Financial Officer Gregory Ehlinger and former Executive Vice President Thomas Washburn. With Barker’s ruling, the suit against the three is now closed.

Federal regulators seized and shut down the Columbus-based bank in September 2009. At the same time, the bank also filed for Chapter 7 bankruptcy.

The report states that the civil suit dates back to 2011, when the bankruptcy trustee for Irwin sued the three bank officers for breach of fiduciary duty, seeking more than $500 million in damages.

Barker dismissed the suit in 2012, but the bankruptcy trustee appealed the decision and an appeals court reinstated two of the original seven charges. One count alleged that the defendants failed to provide accurate and reliable information to the bank’s board of directors, leading the board to approve dividends and stock repurchases and other distributions when the bank should have been preserving capital. The second count alleged that the defendants capitulated to bank regulators and made millions of dollars’ worth of capital contributions to the bank even as it was headed for failure.

For more on this story, visit theindianalawyer.com.