Legal Opinion

Keene Corp. v. Acstar Insurance (In Re Keene Corp.)

United States Bankruptcy Court, S.D. New York

Decided January 4, 1994No. 19-22112PublishedCited by 33 opinions

1Opinion of the Court

MEMORANDUM AND DECISION DENYING STAY AND PRELIMINARY INJUNCTION

STUART M. BERNSTEIN, Bankruptcy Judge.

On December 3, 1993, Keene Corporation (“Keene”) filed its Chapter 11 petition with this Court. At the time of the filing, Keene was a defendant in approximately 101,000 lawsuits involving asbestos-related property damage, personal injury or death. Adverse judgments, aggregating approximately $63 million, had been rendered against Keene in approximately 200 of these cases. To stay enforcement of the majority of these judgments, Keene had posted supersedeas (“appeal”) bonds issued by third…

2Cases cited44 opinions

  1. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  2. Pepper v. LittonSupreme Court of the United States · 1939
  3. Tucker Anthony Realty Corp. v. SchlesingerCourt of Appeals for the Second Circuit · 1989
  4. In Re Baldwin-United Corporation Litigation. Vincent Erti, Joseph and Elizabeth Chupko, George and Margaret Ledney, William Neil Aicholtz and Janet Aicholtz and Genevieve Novicky on Behalf of Themselves and All Others Similarly Situated v. Paine Webber Jackson & Curtis, Inc., Paine Webber Group, Inc., Paine Webber, Inc., Pwjc Insurance Sales, Inc., Planco Inc., Donald B. Marron and Donald E. Nickelson, Paine Webber Group, Inc., Paine Webber Incorporated and Pwjc Insurance Sales, Inc., Third-Party-Plaintiffs-Appellees v. Baldwin-United Corporation and D.H. Baldwin Company, Third-Party-Defendants-AppellantsCourt of Appeals for the Second Circuit · 1985
  5. C. Russell Kelleran, Jr., Eighteen Mile Corporation v. Slavko Andrijevic, A/K/A Al AndrieCourt of Appeals for the Second Circuit · 1987

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3Cited by33 opinions

  1. Goldin v. Primavera Familienstiftung, Tag Associates, Ltd. (In Re Granite Partners, L.P.)United States Bankruptcy Court, S.D. New York · 1996
  2. In Re: Dairy Mart Convenience Stores, Inc., Debtor. New England Dairies, Inc., Movant-Appellant v. Dairy Mart Convenience Stores, Inc., and Dairy Mart, Inc.Court of Appeals for the Second Circuit · 2003
  3. In Re Keene Corp.United States Bankruptcy Court, S.D. New York · 1995
  4. Cassirer v. Herskowitz (In Re Schick)United States Bankruptcy Court, S.D. New York · 1999
  5. In Re Keene Corp.United States Bankruptcy Court, S.D. New York · 1994

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