of failure,” 73 Fed. Reg. 2364 (Jan. 14, 2008). The rule the FDIC cites, although proposed prior to IndyMac’s closure, was not adopted until six days after IndyMac’s failure. 73 Fed. Reg. 41170 (July 17, 2008). The FDIC thus concedes, as it must, that the rule was not in effect as of July 11, 2008. It contends, however, that the rule embodies “the FDIC’s long-standing practice of determining a depositor’s insurance as of the date of closure.” Moreover, although not final as of September 26, 2008, the rule was drafted prior to that date, and provides some insight regarding the agency’s intent with respect to the treatment of existing accounts. 45. The FDIC also cites Lambert v. Federal Deposit Insurance Corp., 847 F.2d 604 (9th onal Bank & Trust Co., 806 F.2d 961, 964-65 (10th Cir.1986) (<HOLDING>); Federal Deposit Insurance Corp. v. McKnight,
holding that no additional rights can be created after insolvency but that beneficiarys claims under standby letters of credit were provable against the fdic as receiver despite the fact that the beneficiaries made their demand after the banks insolvency because the claims were fixed as of the date of insolvency holding that statement about debtor lacking present ability to pay was essentially statement of insolvency holding that the fraud claims against the defendant should not have been dismissed as the complaint provided him with fair notice of the claims made against her holding that the statute does not begin to run until at least a demand has been made upon the government but determining that the facts of that case made it unnecessary to choose between the date of demand and the date of actual payment as the triggering date for the running of the statute of limitations holding that a claim filed after the last date fixed for the filing of claims was not a covered claim and noting that the requirement in the statute that claims be presented before the filing deadline evidences an intent on the part of the legislature to provide a cutoff date after which the association is no longer obligated to accept claims