Legal Opinion
Securities & Exchange Commission v. Great White Marine & Recreation, Inc.
Court of Appeals for the Fifth Circuit
Decided October 14, 2005No. 04-50080PublishedCited by 2 opinions
1Opinion of the Court
EMILIO M. GARZA, Circuit Judge:
This is an appeal from a distribution order of funds obtained in a civil action brought by the Securities and Exchange Commission (“SEC” or “Commission”) against Great White Marine and Recreation, Inc. (“Great White”) and its president and chief executive officer, Alvis Colin Smith, Jr. The district court abstained from and dismissed Great White’s bank*555ruptcy pursuant to 11 U.S.C. § 305(a), and distributed the funds in equity. Augustine Fund, L.P. (“Augustine”) — a creditor who would receive nothing under the distribution — appeals, claiming that the funds were…
2Cases cited5 opinions
- Securities & Exchange Commission v. Forex Asset Management LLCCourt of Appeals for the Fifth Circuit · 2001
- Securities & Exchange Commission v. Lincoln Thrift Ass'nCourt of Appeals for the Ninth Circuit · 1978
- In Re HerbermanUnited States Bankruptcy Court, W.D. Texas · 1990
- Bilzerian v. Securities & Exchange Commission (In Re Bilzerian)United States Bankruptcy Court, M.D. Florida · 1992
- Matter of FD Roberts Securities, Inc.United States Bankruptcy Court, D. New Jersey · 1990
3Cited by2 opinions
- Pie Development v. Pie Carr HoldingsCourt of Appeals for the Fifth Circuit · 2025
- Securities and Exchange Commission v. Great White Marine & Recreation, Inc., Great White Marine & Recreation, Inc. v. Augustine Fund, Lp v. Clark B. WillCourt of Appeals for the Fifth Circuit · 2005