Legal Opinion

HSBC Bank USA v. Bank of New York Trust Co.

District Court, D. Massachusetts

Decided March 15, 2010No. Bankruptcy No. 91-10126 (WCH). Civil Action No. 09-10829-JLTPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM

TAURO, District Judge.

Presently at issue is an appeal from a decision of the Bankruptcy Court dated April 10, 2009. 1 For the following reasons, the judgment of the Bankruptcy Court is AFFIRMED.

The Bank of New England Corporation [“BNE”] issued six separate issues of indenture debt, three described as “Senior Indentures” and three described as “Junior Indentures,” prior to filing a voluntary petition under Chapter 7 of the Bankruptcy Code in 1991. 2 The Chapter 7 Trustee for BNE (the “BNE Trustee”), through three interim distributions, paid out all allowed claims for principal and…

2Cases cited12 opinions

  1. William C. Atwater & Co. v. Panama RailroadNew York Court of Appeals · 1927
  2. HSBC Bank USA v. Bank of New EnglandCourt of Appeals for the First Circuit · 2004
  3. Gannett v. CarpCourt of Appeals for the First Circuit · 2003
  4. Dolman v. United States Trust Co.New York Court of Appeals · 1956
  5. Boston Car Company, Inc., D/B/A Acura of Boston v. Acura Automobile Division, American Honda Motor Co., Inc.Court of Appeals for the First Circuit · 1992

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3Cited by1 opinion

  1. HSBC Bank USA, National Ass'n v. Bank of New York Mellon Trust Co. (In Re Bank of New England Corp.)Court of Appeals for the First Circuit · 2011

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