Legal Opinion

HSBC Bank USA v. Bank of New England Corp. (In Re Bank of New England Corp.)

District Court, D. Massachusetts

Decided February 3, 2003No. CIV.A.01-12229-RGSPublishedCited by 7 opinions

1Opinion of the Court

STEARNS, District Judge.

On December 17, 2001, the Senior Debt holders of the bankrupt Bank of New England Corporation (BNEC), appealed a November 1, 2001 order of the Bankruptcy Court authorizing a distribution of assets from BNEC’s estate to the Junior Debt holders. Appellants maintain that no such distribution can be made before they are paid post-petition interest.

Prior to BNEC’s spectacular collapse, it obligated itself to six separate issues of Indenture debt, totaling $705,972,000. Under the terms of the Indentures, the first three issues (the Senior Debt) were to have priority over the…

2Cases cited11 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
  3. Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995
  4. Patterson v. ShumateSupreme Court of the United States · 1992
  5. William Rothenberg v. Lincoln Farm Camp, Inc.Court of Appeals for the Second Circuit · 1985

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. HSBC Bank USA v. Bank of New EnglandCourt of Appeals for the First Circuit · 2004
  2. In Re Bank of New England Corp.District Court, D. Massachusetts · 2007
  3. In re Bank of New England Corp.United States Bankruptcy Court, D. Massachusetts · 2012
  4. HSBC Bank USA, National Ass'n v. Bank of New York Mellon Trust Co. (In Re Bank of New England Corp.)Court of Appeals for the First Circuit · 2011
  5. In Re Bank of New England Corp.United States Bankruptcy Court, D. Massachusetts · 2007

2 more not listed; retrieve them via the Exa API.

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