Legal Opinion
Adelphia Recovery Trust v. HSBC Bank USA, National Ass'n
Court of Appeals for the Second Circuit
Decided February 8, 2011No. Docket 09-0799-bk(L), 09-0808-bk(Con), 09-0810-bk(Con)PublishedCited by 102 opinions
1Opinion of the Court
HALL, Circuit Judge:
This ease requires us to decide whether a debtor-in-possession is barred from bringing fraudulent conveyance claims against three banks because it actively participated in and facilitated a sale of the assets of a different debtor-in-possession, to which it was a creditor, while remaining silent about the possibility that it would bring fraudulent conveyance claims with respect to its prior take-outs of loans secured by those assets. The bankruptcy court (Kaplan, Bankr. J.) concluded that such a claim was barred as against only one of the banks, because only that bank…
2Cases cited28 opinions
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Scarano v. Central R. Co. Of New JerseyCourt of Appeals for the Third Circuit · 1953
- Wight v. BankAmerica Corp.Court of Appeals for the Second Circuit · 2000
- 12 Collier bankr.cas.2d 899, Bankr. L. Rep. P 70,345 in Re Teltronics Services, Inc., Debtor. Anaconda-Ericsson Inc., as Successor by Merger to Lm Ericsson Telecommunications, Inc. v. Jules J. Hessen, as Trustee in Bankruptcy of Teltronics Services, Inc., Michael M. Rand and Gregory T. Frese, Teltronics Services, Inc., and Edward M. Beagan v. Anaconda-Ericsson Inc., Lm Ericsson Telephone Company, and Ericsson Telecomm, Inc.Court of Appeals for the Second Circuit · 1985
- United States v. RigasCourt of Appeals for the Second Circuit · 2007
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3Cited by102 opinions
- Brown Media Corporation v. K&L Gates, LLPCourt of Appeals for the Second Circuit · 2017
- Lenox MacLaren Surgical Corp. v. Medtronic, Inc.Court of Appeals for the Tenth Circuit · 2017
- Doubleline Capital LP v. Odebrecht Fin., Ltd.District Court, S.D. Illinois · 2018
- Davis v. CarrollDistrict Court, S.D. New York · 2013
- BPP Illinois, LLC v. Royal Bank of Scotland Group PLCCourt of Appeals for the Second Circuit · 2017
97 more not listed; retrieve them via the Exa API.