Legal Opinion

In Re Rubin

United States Bankruptcy Court, S.D. New York

Decided October 19, 1993No. 18-01867PublishedCited by 29 opinions

1Opinion of the Court

DECISION ON SECTION 304 PETITION AND OTHER RELATED RELIEF

TINA L. BROZMAN, Bankruptcy Judge.

Two liquidators of an Israeli reinsurance 1 company seek under 11 U.S.C. § 304 certain injunctive relief and to repatriate the corpus of a trust funded by a letter of credit for pro rata distribution to its American beneficiaries after determination of the beneficiaries’ respective allowable claims. Under the terms of the trust, by contrast, the race of the swiftest would pay off. Thus, a beneficiary/creditor who has already commenced suit against the reinsurance company in order to establish his rights…

2Cases cited54 opinions

  1. Paul v. VirginiaSupreme Court of the United States · 1869
  2. United States v. South-Eastern Underwriters Assn.Supreme Court of the United States · 1944
  3. Securities & Exchange Commission v. National Securities, Inc.Supreme Court of the United States · 1969
  4. Group Life & Health Insurance v. Royal Drug Co.Supreme Court of the United States · 1979
  5. United States Department of Treasury v. FabeSupreme Court of the United States · 1993

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3Cited by29 opinions

  1. Koken v. Reliance Group Holdings, Inc. (In Re Reliance Group Holdings, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2002
  2. Armco Inc. v. North Atlantic Insurance (In Re Bird)United States Bankruptcy Court, S.D. New York · 1999
  3. In Re Petition of Garcia AvilaUnited States Bankruptcy Court, S.D. New York · 2003
  4. Rutger Schimmelpenninck v. James ByrneCourt of Appeals for the Fifth Circuit · 1999
  5. In Re Board of Directors of Hopewell International InsuranceUnited States Bankruptcy Court, S.D. New York · 1999

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