Legal Opinion

Securities & Exchange Commission v. Elliott

District Court, S.D. New York

Decided April 16, 2016No. 09-cv-7594 (KBF)Published

1Opinion of the Court

OPINION & ORDER

KATHERINE B. FORREST, District Judge

Pending before the Court is a dispute between the Securities and Exchange Commission (the “SEC”) and Patricia Jackson, the ex-wife of Michael J. Xiri-nachs, regarding the priority of their respective liens against the proceeds of the sales of two parcels of real property that Xirinachs agreed to turn over to the SEC in partial satisfaction of a judgment entered against him in this Court in the SEC’s favor. For the reasons set forth below, the Court concludes that the SEC’s liens have priority over Jackson’s. The Court therefore grants the…

2Cases cited7 opinions

  1. Morris v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
  2. Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
  3. Robert J. Musso v. Tanya OstashkoCourt of Appeals for the Second Circuit · 2006
  4. In Re Mark Scarpino, Debtor. Marine Midland Bank v. Mark Scarpino, Debtor-AppelleeCourt of Appeals for the Second Circuit · 1997
  5. Wagner v. MaenzaAppellate Division of the Supreme Court of the State of New York · 1996

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