Legal Opinion
In Re ESM GOVERNMENT SECURITIES, INC., Debtor. Thomas TEW, as Trustee, Plaintiff-Appellee, v. RESOURCE MANAGEMENT, Defendant-Appellant
Court of Appeals for the Eleventh Circuit
Decided March 23, 1987No. 86-5119PublishedCited by 23 opinions
1Opinion of the Court
MORGAN, Senior Circuit Judge:
Resource Management (Resource) appeals the district court’s denial of its claim to customer status under 11 U.S.C. § 741(2)(A) or (B), and the denial of its alternative secured creditor claim. Resource seeks recovery of funds held by debtor/ESM Government Securities, Inc. (ESM) consisting of principal and interest on securities held by Resource, 56 B.R. 789 (S.D.Fla.1986). We agree with the district court that Resource fails to meet the criteria necessary to obtain either customer or secured creditor status and is therefore an unsecured creditor.
I. FACTS AND…
2Cases cited4 opinions
- Matter of Bevill, Bresler & Schulman AssetDistrict Court, D. New Jersey · 1986
- Matter of SSIW Corp.United States Bankruptcy Court, S.D. New York · 1980
- Securities Investor Protection Corp. v. Executive Securities Corp.Court of Appeals for the Second Circuit · 1977
- In re E.S.M. Government Securities, Inc.District Court, S.D. Florida · 1986
3Cited by23 opinions
- In Re Bernard L. Madoff Investment Securities LLCCourt of Appeals for the Second Circuit · 2011
- Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC (In Re Madoff)United States Bankruptcy Court, S.D. New York · 2010
- Max WIDER, Appellant, v. Dale WOOTTON, Trustee of the Estate of Ronald Cohen, AppelleeCourt of Appeals for the Fifth Circuit · 1990
- In Re: Old Naples Securities, Inc., Debtor. Theodore H. Focht, Securities Investor Protection Corp. v. Kevin Heebner, Eileen C. Brown, Merritt W. BrownCourt of Appeals for the Eleventh Circuit · 2000
- Securities Investor Protection Corp. v. C.J. Wright & Co. (In Re C.J. Wright & Co.)United States Bankruptcy Court, M.D. Florida · 1993
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