Legal Opinion
In Re Drexel Burnham Lambert Group Inc.
United States Bankruptcy Court, S.D. New York
Decided October 13, 1992No. 19-22253PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON THE APPLICATION OF § 502(e)(1)(b) TO THE PARTIAL SETTLEMENT OF AN UNDERLYING THIRD PARTY ACTION
FRANCIS G. CONRAD, Bankruptcy Judge.
The issue presented to us 1 is whether a joint tortfeasor eliminates the contingent nature of its claim for common law contribution under Bankruptcy Code (Code) § 502(e)(1)(B) when it settles the underlying third party dispute without the participation of the other alleged tortfeasor, a debtor in bankruptcy.
We hold that without either a determination on the issue of relative fault, in jurisdictions which recognize the proportionate theory…
2Cases cited15 opinions
- In Re Jiffy Lube Securities LitigationCourt of Appeals for the Fourth Circuit · 1991
- In Re Masters Mates & Pilots Pension Plan And Irap LitigationCourt of Appeals for the Second Circuit · 1992
- Louis P. Singer, as Successor in Interest to Troster, Singer & Co., Cross-Appellant v. Olympia Brewing Company, Cross-AppelleeCourt of Appeals for the Second Circuit · 1989
- Franklin v. Kaypro Corp.Court of Appeals for the Ninth Circuit · 1989
- Matter of Baldwin-United Corp.United States Bankruptcy Court, S.D. Ohio · 1985
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re RNI Wind Down Corp.United States Bankruptcy Court, D. Delaware · 2007
- In Re Drexel Burnham Lambert Group Inc.United States Bankruptcy Court, S.D. New York · 1992
- In Re McCoyUnited States Bankruptcy Court, N.D. Illinois · 2006
- In Re GCO Services, LLCUnited States Bankruptcy Court, S.D. New York · 2005
- In Re Munford, Inc.United States Bankruptcy Court, N.D. Georgia · 1993