in support of its position. Although not directly on point, Lambert describes the date on which a bank closes as the “critical date” for purposes of the FDIC’s insurance determination. Lambert examined whether a trust was revocable or irrevocable, a question which turned on which the “surviving trustor” had died as of the date of the insurance determination. Id. at 607. Lambert, therefore, addressed the critical date for purposes of factual determinations relevant to the amount of insurance available. Here, the issue is somewhat different, i.e., what date is critical for purposes of determining the applicable law. The remaining cases cited by the FDIC similarly concern factual determinations rather than the applicability of a change in the law. Villafane-Neriz, 75 F.3d at 730 (<HOLDING>); Federal Deposit Insurance Corp. v. Liberty
holding that the fdic may rely on erroneous bank records to determine whether there was an insured deposit at the time of the banks failure holding that the debtors deposit of funds was not in the ordinary course of business and was for the purpose of creating a setoff right for the bank holding that a banks fdic certificate of insurance was sufficient to establish that the bank was insured by the fdic holding that a bank is entitled to rely on its deposit agreement when responding to a writ of garnishment holding that the limitation period for the fdic to remove begins to run when the fdic is appointed receiver