Legal Opinion
Kaiser Steel Corp v. Pearl Brewing Co.
Court of Appeals for the Tenth Circuit
Decided December 30, 1991No. Nos. 90-1243, 90-1245PublishedCited by 61 opinions
1Opinion of the Court
STEPHEN H. ANDERSON, Circuit Judge.
The question presented in this appeal is whether consideration paid to shareholders for their stock in connection with a leveraged buy out is exempt from the avoiding powers of a trustee under section 546(e) of the Bankruptcy Code, as “settlement payments” made “by or to a ... stockbroker, financial institution, or securities clearing agency.” 11 U.S.C. § 546(e). In its order granting defendants' motion for summary judgment, the district court held that such payments fall within the exemption found in section 546(e). We agree and, therefore, affirm the…
2Cases cited12 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Russello v. United StatesSupreme Court of the United States · 1983
- Gozlon-Peretz v. United StatesSupreme Court of the United States · 1991
- McCarthy v. BronsonSupreme Court of the United States · 1991
- Shell Oil Co. v. Iowa Department of RevenueSupreme Court of the United States · 1988
7 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Merit Management Group, LP v. FTI Consulting, Inc.Supreme Court of the United States · 2018
- In Re Best Products Co., Inc.United States Bankruptcy Court, S.D. New York · 1994
- Jackson v. Mishkin (In Re Adler, Coleman Clearing Corp.)District Court, S.D. New York · 2001
- Enron Creditors Recovery Corp. v. Alfa, S.A.B. De C.V.Court of Appeals for the Second Circuit · 2011
- Rosener v. Majestic Management, Inc. (In Re OODC, LLC)United States Bankruptcy Court, D. Delaware · 2005
56 more not listed; retrieve them via the Exa API.