Legal Opinion
Bevill, Bresler & Schulman Asset Management Corp. v. Spencer Savings & Loan Ass'n
Court of Appeals for the Third Circuit
Decided June 30, 1989No. Nos. 88-6020 to 88-6023PublishedCited by 27 opinions
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
The ultimate question for decision in these appeals by purchasers of federal government securities repurchase agreements (“repos”), is whether the Chapter 11 bankruptcy trustee of a bankrupt securities dealer may avoid certain pre-petition deliveries of securities to the purchasers.
The trustee contends the deliveries are avoidable as preferential transfers. The purchasers argue that the deliveries are protected by provisions of Chapter 11 designed to exempt participants in repurchase agreements from avoidance actions.
The appeals come to us in the…
2Cases cited13 opinions
- Blum v. StensonSupreme Court of the United States · 1984
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Towne v. EisnerSupreme Court of the United States · 1918
- Massachusetts v. MorashSupreme Court of the United States · 1989
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Jackson v. Mishkin (In Re Adler, Coleman Clearing Corp.)District Court, S.D. New York · 2001
- Enron Creditors Recovery Corp. v. Alfa, S.A.B. De C.V.Court of Appeals for the Second Circuit · 2011
- In re Niaspan Antitrust LitigationDistrict Court, E.D. Pennsylvania · 2014
- Kaiser Steel Corp v. Pearl Brewing Co.Court of Appeals for the Tenth Circuit · 1991
- Kaiser Steel Corp. v. Charles Schwab & Co.Court of Appeals for the Tenth Circuit · 1990
22 more not listed; retrieve them via the Exa API.