Legal Opinion

In Re Granite Partners, L.P.

United States Bankruptcy Court, S.D. New York

Decided May 14, 1997No. 19-10366PublishedCited by 57 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER SUBORDINATING INVESTORS’ CLAIMS UNDER 11 U.S.C. § 510(b)

STUART M. BERNSTEIN, Bankruptcy Judge.

Section 510(b) of the Bankruptcy Code mandates subordination of damage claims “arising from the purchase or sale” of a security of the debtor. 1 Many of the debtors’ shareholders and limited partners filed damage claims in these eases charging a variety of wrongs covering an extended period of time. Some have alleged that the debtor’s post investment fraud induced them to hold on to their interests rather than sell them. The issue that the Court must decide under section…

2Cases cited30 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  3. Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
  4. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  5. Transamerica Mortgage Advisors, Inc. v. LewisSupreme Court of the United States · 1979

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3Cited by57 opinions

  1. In Re Telegroup, Inc. Baroda Hill Investments, Ltd. Leheron Corporation, Ltd. Kimble John Winter v. Telegroup, IncCourt of Appeals for the Third Circuit · 2002
  2. Allen v. Geneva Steel CompanyCourt of Appeals for the Tenth Circuit · 2002
  3. Betsy Sue Johnson v. Elk Lake School District Wayne Stevens Charlotte A. Slocum School Board Elk Lake School DistrictCourt of Appeals for the Third Circuit · 2002
  4. In Re Granite Partners, L.P.United States Bankruptcy Court, S.D. New York · 1998
  5. In Re Med Diversified, Inc., Debtor. David Rombro v. Michael Dufrayne, Trustee of the Med Diversified, Inc. Creditors' TrustCourt of Appeals for the Second Circuit · 2006

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