ANZ Securities Inc. v. Giddens
Court of Appeals for the Second Circuit
1Opinion of the Court
DENNIS JACOBS, Circuit Judge:
In order to ensure that claims which are in essence claims corresponding to ownership of securities (debt or equity) are confined to their proper tier of the waterfall, Section 510(b) of the Bankruptcy Code provides generally that “a claim arising from rescission of a purchase or sale of a security of the debtor or ... for damages arising from the purchase or sale of such a security ... shall be subordinated to all claims or interests that are senior to or equal the claim or interest represented by such security....” 11 U.S.C. § 510(b). The provision treats the…
2Cases cited24 opinions
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- In Re Telegroup, Inc. Baroda Hill Investments, Ltd. Leheron Corporation, Ltd. Kimble John Winter v. Telegroup, IncCourt of Appeals for the Third Circuit · 2002
- In Re Bernard L. Madoff Investment Securities LLCCourt of Appeals for the Second Circuit · 2011
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