XML 25 R17.htm IDEA: XBRL DOCUMENT v2.3.0.15
Commitments and Contingent Liabilities and Other Matters
9 Months Ended
Sep. 30, 2011
Commitments and Contingent Liabilities and Other Matters 
Commitments and Contingent Liabilities and Other Matters

Note 10 - Commitments and Contingent Liabilities and Other Matters

 

The Company is involved in various legal proceedings that are in various stages of litigation.  Some of these actions allege “lender liability” claims on a variety of theories and claim substantial actual and punitive damages.  The Company has determined, based on discussions with its counsel that any material loss in such actions, individually or in the aggregate, is remote or the damages sought, even if fully recovered, would not be considered material to the consolidated financial position or results of operations of the Company.  However, many of these matters are in various stages of proceedings and further developments could cause management to revise its assessment of these matters.

 

The Company is involved in a dispute related to certain tax matters that were inherited by the Company in its 2004 acquisition of LFIN.  The dispute involves claims by the former controlling shareholders of LFIN related to approximately $14 million of tax refunds received by the Company based on deductions taken in 2003 by LFIN in connection with losses on loans acquired from a failed thrift and a dispute LFIN had with the FDIC regarding the tax benefits related to the failed thrift acquisition which originated in 1988.  On March 5, 2010, judgment was entered on a jury verdict rendered against the Company in the U.S. District Court for the Western District of Oklahoma (the “Court”).  Other than the tax refunds that are in dispute, the Company does not have any other disputes regarding tax refunds received by the Company in connection with the LFIN acquisition.  An amended judgment was entered in the case on November 19, 2010, in the amount of approximately $24.25 million and it is final and appealable.  During December 2010, the Company deposited $24.4 million with the Court in lieu of a supersedeas bond and the Company is currently appealing the judgment.

 

In October 2010, the Company was named as a defendant in two purported class-action lawsuits, including one filed in the United States District Court for the Southern District of Texas and one filed in the United States District Court for the Southern District of Florida where similar lawsuits against a number of other banks are currently pending in a multi-district proceeding known as “In re Checking Account Overdraft Litigation.”  The Texas lawsuit was dismissed without prejudice on January 12, 2011, when the parties stipulated to arbitrate the matter.  The Florida lawsuit was dismissed without prejudice on September 30, 2011, when the parties settled the matter.  The amount expensed by the Company in connection with the settlement of the lawsuit was not significant.  The settlement amount of the Florida lawsuit resolved all pending cases against the Company connected with overdraft fees or posting order, and no other substantively similar litigation against the Company or any of its subsidiary banks is known to exist.

 

On September 22, 2011, the Company announced the approval of a restructuring plan that will result in the closing of fifty five (55) in store branches by December 31, 2011.  The branch closures are a result of reduced levels of revenue resulting from regulatory changes related to interchange fee income.  The branches are being closed in order to align IBC’s expenses with the reduced levels of revenue, protecting the Company’s financial strength while preserving IBC’s free products program.  It is anticipated that the restructuring plan will result in estimated combined charges to the Company of $5.56 million, before tax, that will be recognized in the fourth quarter.  These estimates are preliminary as management is still in the process of evaluating the cost of implementing the restructuring plan.  Accordingly, the final charges may differ significantly from these estimates.