Legal Opinion
Tekinsight.Com, Inc. v. Stylesite Marketing, Inc. (In Re Stylesite Marketing, Inc.)
United States Bankruptcy Court, S.D. New York
Decided October 10, 2000No. 19-10739PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM DECISION GRANTING MOTION TO DISMISS COMPLAINT
STUART M. BERNSTEIN, Chief Judge.
Section 510(b) of the Bankruptcy Code subordinates claims arising from the purchase or sale of a security of the debtor. 1 The principal question of bankruptcy law raised in this adversary proceeding is whether the plaintiff, a purchaser of the debtor-defendant’s stock, can bypass this restriction by suing to impose a constructive trust on the consideration paid for the securities. Answering the question in the negative, and for the additional reasons discussed below, I grant the defendants’ motion to…
2Cases cited35 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Sarah B. Shields, Individually and as Representative of All Others Similarly Situated v. Citytrust Bancorp, Inc., George F. Taylor and Irwin EngelmanCourt of Appeals for the Second Circuit · 1994
- Rothman v. GregorCourt of Appeals for the Second Circuit · 2000
- New York University v. Continental InsuranceNew York Court of Appeals · 1995
30 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Superintendent of Insurance for New York v. Ochs (In re First Central Financial Corp.)Court of Appeals for the Second Circuit · 2004
- Adler v. Lehman Bros. Holdings Inc. (In re Lehman Bros. Holdings Inc.)Court of Appeals for the Second Circuit · 2017
- Motorola Credit Corp. v. UzanDistrict Court, S.D. New York · 2003
- LFD Operating, Inc. v. Ames Department Stores, Inc. (In Re Ames Department Stores, Inc.)United States Bankruptcy Court, S.D. New York · 2002
- Petrello v. WhiteDistrict Court, E.D. New York · 2006
8 more not listed; retrieve them via the Exa API.