SVB sues Patriot over $21M Parker card receivables dispute

Correction (Nov. 4, 2026): An earlier version of this article incorrectly stated that a judge denied Patriot’s motion for a preliminary injunction. It was SVB that sought emergency relief; the court declined SVB’s request for a temporary restraining order and a preliminary injunction. A reference to a trial date has also been removed.

Update (Nov. 4, 2026): In an Oct. 27 opinion, Judge Jed Rakoff of the U.S. District Court for the Southern District of New York has since granted Patriot’s motion to dismiss SVB’s claims, including its claim to the roughly $21 million in receivables. The court also denied SVB’s motion to dismiss Patriot’s conversion claims against SVB.

Silicon Valley Bank filed a lawsuit against Patriot Bank in Stamford, Conn., over roughly $21 million in charge card receivables from Parker, a failed small business fintech that shut down abruptly in May 2026.

The dispute, filed by the First Citizens BancShares division in U.S. District Court for the Southern District of New York in early May, hinges on who owns receivables generated between April 21 and May 4. The issue has left Parker’s customers caught in the crossfire.

The arrangement, according to the lawsuit, involved several steps designed to insulate assets from potential claims:

1. Patriot originated charge card receivables when Parker customers swiped their cards

2. Within three business days, Patriot automatically sold the receivables to Parker, regardless of payment status

3. Parker moved the receivables to Parker Warehouse III HoldCo LLC

4. The HoldCo conveyed them to Parker Warehouse III LLC, which held title

5. Parker pledged the receivables as collateral to SVB and Värde Partners, securing a $125 million asset-backed lending facility

This structure let Parker scale its 90-day charge card offering. Customers could charge purchases and pay back interest-free within 90 days, unusual terms in the card market.

In February, as Parker’s finances deteriorated, Patriot reduced its collateral requirement from $6 million to $8 million to $600,000, freeing millions Parker needed for operating expenses. In return, Parker agreed to pay Patriot a fee on receivables conveyed. SVB didn’t learn of this arrangement until May 2.

By late April, Parker was “recycling” more than $13 million in customer payments meant for future settlement — a sign, according to a judge’s findings, of serious financial difficulty. On April 28, SVB refused further recycling requests.

A potential acquisition that would have given Parker a soft landing appears to have still been in play as recently as April 19, per Parker CEO Yacine Sibou’s later statements. But that deal fell through.

On April 30, with receivables continuing to accrue unpaid, Patriot demanded roughly $6.4 million in payment. Parker CFO James Yates responded the next day, asking if Patriot could accept a partial payment of $4.4 million and charge additional interest.

During a May 1 call involving Patriot, Parker, SVB, Värde, and investment banker Jefferies, Patriot learned that SVB and Värde had terminated Parker’s warehouse line. Patriot also learned Parker had been unable to make payments for weeks and that SVB and Värde had granted Parker waivers on solvency covenants. SVB even proposed directly purchasing receivables from Patriot to keep the program running, but Patriot said a permanent solution was needed.

Later that day, Parker wired Patriot $2.8 million. But Patriot then unilaterally swept about $5.2 million from Parker’s accounts, leaving the company with zero funds and unable to meet payroll or trust obligations. Parker terminated all 200+ employees on May 3 and filed for Chapter 7 bankruptcy protection four days later.

SVB argues that receivables originated after April 21 automatically transferred to Parker Warehouse III LLC under their agreement, giving SVB a perfected security interest as lender. The contract specified automatic, unconditional transfer three business days after origination—regardless of whether Parker paid Patriot.

Patriot argues that the payments received from Parker through April 28 only covered receivables through April 21, meaning receivables originated after that date never transferred and remain Patriot’s property. No one disputes that Parker failed to pay for receivables originated after April 22.

Parker customers learned of the shutdown via email from Patriot on May 5, despite contractual language barring either party from communicating a wind-down without consent.

Over subsequent weeks, Patriot sent multiple emails instructing Parker cardholders to remit payment directly to Patriot for charges incurred after April 21, warning that payments to Parker or its backup servicer Carmel Solutions “may not reduce your outstanding balance.” On May 11, Patriot characterized legitimate ACH payments to Carmel as “unauthorized withdrawals” and suggested customers report them to NACHA and federal regulators.

SVB alleges Patriot “brazenly stole funds” from at least two customers. In one case, SVB says Patriot instructed a customer to wire over $1 million for a bill pay transaction that was actually owed to Parker Group (via its partnership with Piermont Bank). In another, a customer who had already paid an $80,514 bill pay charge was contacted by Patriot seeking payment; the customer wired the money again, and while Patriot later acknowledged it wasn’t owed, the funds have not been returned.

In May, a judge declined SVB’s request for a temporary restraining order.