Legal Opinion

Balaber-Strauss v. Sixty-Five Brokers (In Re Churchill Mortgage Investment Corp.)

United States Bankruptcy Court, S.D. New York

Decided December 26, 2000No. 19-22381PublishedCited by 126 opinions

1Opinion of the Court

DECISION GRANTING BROKER- DEFENDANTS’ MOTIONS TO DISMISS

ADLAI S. HARDIN, Jr., Bankruptcy Judge.

The Chapter 7 Trustee (the “Trustee” or “Plaintiff’) of the Churchill Debtors (as described below) commenced sixty-one adversary proceedings 1 against individuals and a few entities (“Brokers” or “defendants”) who had been hired to originate mortgages for or solicit investors in one or more of the Churchill companies. The Trustee seeks to recover commissions aggregating over $5 million paid by the Debtors to the Brokers for these services during the six-year period 1991-1997 (the “Relevant Period”).…

2Cases cited32 opinions

  1. Josiah Haynesworth and Fred Hancock v. Frank P. Miller, Chief, Law Enforcement Section, Office of the Corporation Counsel, (Two Cases)Court of Appeals for the D.C. Circuit · 1987
  2. Brass v. American Film Technologies, Inc.Court of Appeals for the Second Circuit · 1993
  3. HBE Leasing Corp. v. FrankCourt of Appeals for the Second Circuit · 1995
  4. Merrill v. Abbott (In Re Independent Clearing House Co.)District Court, D. Utah · 1987
  5. Frank Festa, Jr. v. Local 3 International Brotherhood of Electrical Workers, and Mulvihill Electrical Contracting Corp.Court of Appeals for the Second Circuit · 1990

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3Cited by126 opinions

  1. Trustees of the Upstate New York Engineers Pension Fund v. Ivy Asset ManagementCourt of Appeals for the Second Circuit · 2016
  2. Picard v. Cohmad Securities Corp. (In Re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2011
  3. Silverman v. Actrade Capital, Inc. (In Re Actrade Financial Technologies Ltd.)United States Bankruptcy Court, S.D. New York · 2005
  4. Chen v. New Trend Apparel, Inc.District Court, S.D. New York · 2014
  5. Picard Ex Rel. Liquidation of Bernard L. Madoff Investment Securities LLC v. Madoff (In Re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2011

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