Legal Opinion
HSBC Bank USA v. Bank of New England
Court of Appeals for the First Circuit
Decided April 13, 2004No. 03-1321PublishedCited by 52 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This is a case that straddles a crossroads formed by the intersection of federal and state law. It requires us to decide an issue of first impression in this circuit regarding the enforceability in bankruptcy of agreements that allow the subordination of certain indebtedness. Our decision partially contradicts the decision of the only other court of appeals to have grappled with this same set of questions, see Chem. Bank v. First Trust of N.Y. (In re Southeast Banking Corp.), 156 F.3d 1114 (11th Cir.1998), and to that extent creates a circuit split.
The precise dispute…
2Cases cited32 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Patterson v. ShumateSupreme Court of the United States · 1992
27 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Meoli v. Huntington National Bank (In Re Teleservices Group, Inc.)United States Bankruptcy Court, W.D. Michigan · 2012
- Sharfarz v. Goguen (In Re Goguen)Court of Appeals for the First Circuit · 2012
- In Re Washington Mutual, Inc.United States Bankruptcy Court, D. Delaware · 2011
- Charbono v. Sumski (In Re Charbono)Court of Appeals for the First Circuit · 2015
- Hannigan v. White (In Re Hannigan)Court of Appeals for the First Circuit · 2005
47 more not listed; retrieve them via the Exa API.