Davidson County Chancery
Court Judge Patricia Moskal granted Tennessee Department of Financial Institutions
Commissioner Greg Gonzales’ request for a temporary injunction to block the
proposed merger, according to multiple media outlets.
Gonzales’ office had argued
that the Tennessee Banking Act prevents the $1 billion-asset Orion from buying
the $751 million-asset bank. The commissioner asserted that the law allows only
bank holding companies to acquire, form or control a bank.
Orion and Financial Federal
have argued that the deal, structured as a purchase-and-assumption agreement, is
a purchase transaction – not an acquisition.
Judge Moskal also said the matter
deserves “a speedy hearing,” ordering each side to submit a proposed scheduling
order to make that happen.
The court's ruling could add Tennessee to a list of states where it is hard for credit unions to buy banks.
Colorado banking regulators in January 2020 blocked a bid by Elevations Credit Union to buy the assets of Cache Bank & Trust. The bank was eventually sold to
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