Legal Opinion

Bank of New York Mellon Trust Co. v. Miller (In re Franklin Bank Corp.)

District Court, D. Delaware

Decided July 21, 2014No. Bankruptcy Case No. 08-12924 (CSS); Civil Action No. 13-1713-RGAPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

ANDREWS, U.S. DISTRICT JUDGE:

Pending before the Court are five closely related appeals by the Bank of New York Mellon (“BNYM”), a class of senior debt securities holders (“the Senior Note-holders”), and HoldCo Advisors, L.P., challenging the Bankruptcy Court’s orders entered on September 5, 2013 (1:13-ev-1713 D.I. 13-1)1 and September 20, 2013 (D.I. 13-2). Briefing is complete, and the Court heard oral argument on July 1, 2014. For *530the reasons that follow, the Orders of the Bankruptcy Court are vacated and the case is remanded for further proceedings consistent with this…

2Cases cited6 opinions

Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Management, L.P.New York Court of Appeals · 2006
American Flint Glass Workers Union, in 99-5291 v. Anchor Resolution Corp., Debtor-Appellee. Glass, Molders, Pottery, Plastics & Allied Workers International Union, in 99-5292 v. Anchor Resolution Corp., Debtor-AppelleeCourt of Appeals for the Third Circuit · 1999
Schubert v. Lucent Technologies Inc. (In Re Winstar Communications, Inc.)Court of Appeals for the Third Circuit · 2009
In Re Best Products Co., Inc.United States Bankruptcy Court, S.D. New York · 1994

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

3Cited by1 opinion

Grede v. Bank of New York Mellon Corp. (In Re Sentinel Management Group, Inc.)Court of Appeals for the Seventh Circuit · 2016