Legal Opinion

In Re: Sharp International Corp. & Sharp Sales Corp., Debtors. Sharp International Corp., Debtor-Appellant v. State Street Bank and Trust Company

Court of Appeals for the Second Circuit

Decided April 1, 2005No. 04-0214-BKPublishedCited by 512 opinions

1Opinion of the Court

JACOBS, Circuit Judge.

Over a period of years, debtor-appellant Sharp International Corporation (“Sharp”) was looted by its controlling shareholders. Now, through its trustee in bankruptcy, Sharp sues one of the company’s former lenders, State Street Bank and Trust Company (“State Street”), which suspected the fraud and extricated itself in a way that, according to Sharp, facilitated the victimization of other lenders and the continued looting of Sharp itself. Sharp seeks recovery of funds looted after State Street should have sounded the alarm, as well as a loan repayment Sharp made to State…

2Cases cited23 opinions

  1. Kaufman v. CohenAppellate Division of the Supreme Court of the State of New York · 2003
  2. Lentell v. Merrill Lynch & Co.Court of Appeals for the Second Circuit · 2005
  3. Emergent Capital Investment Management, LLC v. Stonepath Group, Inc., Previously Known as Net Value Holdings, Inc., Andrew Panzo and Lee HansenCourt of Appeals for the Second Circuit · 2003
  4. Wight v. BankAmerica Corp.Court of Appeals for the Second Circuit · 2000
  5. Diduck v. Kaszycki & Sons Contractors, Inc.Court of Appeals for the Second Circuit · 1992

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3Cited by512 opinions

  1. Lerner v. Fleet Bank, N.A.Court of Appeals for the Second Circuit · 2006
  2. Life Partners Creditors' Trust v. Cowley (In Re Life Partners Holdings, Inc.)Court of Appeals for the Fifth Circuit · 2019
  3. Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLCUnited States Bankruptcy Court, S.D. New York · 2018
  4. Picard v. Cohmad Securities Corp. (In Re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2011
  5. Picard v. Legacy Capital Ltd. (In re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2016

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