Legal Opinion
Branch v. Ernst & Young U.S.
District Court, D. Massachusetts
Decided March 30, 2004No. CIV.A. 93-10024-RGSPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
STEARNS, District Judge.
On October 7, 2002, Dr. Ben Branch, in his capacity as the Chapter 7 Bankruptcy Trustee of the failed Bank of New England Corporation (BNEC), sought a ruling by way of partial summary judgment that the correct method for determining whether BNEC and its largest subsidiary, Bank of New England, N.A. (BNENA), 1 were insolvent on September 29, 1989, 2 is the “fair market value” (or “balance sheet”) test mandated by the Bankruptcy Code, 11 U.S.C. § 101(32)(A) (“[Ijnsolvent means ... that the sum of [an] entity’s…
2Cases cited9 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Official Committee of Unsecured Creditors v. R.F. Lafferty & Co., Inc. Cogen Sklar, L.L.PCourt of Appeals for the Third Circuit · 2001
- In Re Roblin Industries, Inc., Debtor. William E. Lawson, Trustee, in Bankruptcy of Roblin Industries, Inc. v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1996
- The Farmers Bank of Clinton, Missouri v. Vance Julian, Trustee in Bankruptcy of Roby C. Woody, D/B/A Woody Motorcompany, BankruptCourt of Appeals for the Eighth Circuit · 1967
- Corbin v. Franklin National Bank (In Re Franklin National Bank Securities Litigation)District Court, E.D. New York · 1979
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3Cited by4 opinions
- Gold v. Deloitte & Touche LLPCourt of Appeals for the Sixth Circuit · 2010
- Baena v. KPMG LLPDistrict Court, D. Massachusetts · 2005
- Withers v. City of AberdeenDistrict Court, N.D. Mississippi · 2024
- Withers v. City of AberdeenDistrict Court, M.D. Louisiana · 2024