Legal Opinion
Allen v. Geneva Steel Company
Court of Appeals for the Tenth Circuit
Decided February 27, 2002No. 01-4085PublishedCited by 100 opinions
1Opinion of the Court
EBEL, Circuit Judge.
After a steel manufacturer sought bankruptcy protection, an investor charged that company fraud deceived him into retaining-rather than selling-his securities. For purposes of distribution priority, the Bankruptcy Code subordinates claims “arising from the purchase or sale” of a debtor’s security. This language, courts have universally held, covers claims alleging fraud in the inducement to purchase or sell such a security. In this appeal, we are confronted with the question whether it also reaches claims alleging fraud in the reten tion of a security. We conclude that it…
2Cases cited12 opinions
- United States v. Christopher SimmondsCourt of Appeals for the Tenth Circuit · 1997
- In Re Durability, Inc., Debtor. James R. Adelman, Trustee v. Fourth National Bank and Trust Company, N.A., of Tulsa, Ok, Fred I. Palmer, Sr.Court of Appeals for the Fourth Circuit · 1990
- Stirling Homex Corporation v. RaichleCourt of Appeals for the First Circuit · 1978
- In Re Granite Partners, L.P.United States Bankruptcy Court, S.D. New York · 1997
- Oppenheimer v. Harriman National Bank & Trust Co.Supreme Court of the United States · 1937
7 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- Shook v. El Paso CountyCourt of Appeals for the Tenth Circuit · 2004
- United States v. BotefuhrCourt of Appeals for the Tenth Circuit · 2002
- United States v. Regence Bluecross Blueshield Of UtahCourt of Appeals for the Tenth Circuit · 2006
- Christian Bros. High School Endowment v. Bayou No Leverage Fund, LLC (In Re Bayou Group, LLC)District Court, S.D. New York · 2010
- United States v. QuarrellCourt of Appeals for the Tenth Circuit · 2002
95 more not listed; retrieve them via the Exa API.