Legal Opinion

International Wireless Communications Holdings, Inc. v. International Wireless Communications Holdings, Inc.

Court of Appeals for the Third Circuit

Decided April 16, 2003No. 02-2733PublishedCited by 6 opinions

1Opinion of the Court

OPINION

AMBRO, Circuit Judge.

When persons purchase shares of stock in a corporation that files for bankruptcy, their shares come last in bankruptcy’s payout priority. Conversely, creditors of the corporation come first. Similarly, when persons bring claims arising from the purchase or sale of a corporation’s stock, and the corporation subsequently files for bankruptcy, those claims also are behind creditors’ claims. Does this outcome change when persons who, as part of their consideration when selling a security, get shares in an entity that files for bankruptcy? The obvious answer is no. Does…

2Cases cited4 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. In Re Montgomery Ward Holding Corp.United States Bankruptcy Court, D. Delaware · 2001
  3. Baldwin-United Corp. v. Adams (In Re Baldwin-United Corp.)United States Bankruptcy Court, S.D. Ohio · 1985
  4. In Re Motels of America, Inc.United States Bankruptcy Court, D. Delaware · 1992

3Cited by6 opinions

  1. In re Lehman Bros. Holdings Inc.United States Bankruptcy Court, S.D. New York · 2014
  2. Kit Digital, Inc. v. Invigor Group Ltd. (In re Kit Digital, Inc.)United States Bankruptcy Court, S.D. New York · 2013
  3. Nantahala Capital Partners, LP v. Washington Mutual, Inc. (In re Washington Mutual, Inc.)United States Bankruptcy Court, D. Delaware · 2012
  4. In re Lehman Bros.District Court, S.D. New York · 2014
  5. IN RE: SPECTRUM ALLIANCE, LPDistrict Court, E.D. Pennsylvania · 2019

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