Legal Opinion

In Re First State Securities Corp.

United States Bankruptcy Court, S.D. Florida.

Decided October 25, 1983No. 18-24320PublishedCited by 17 opinions

1Opinion of the Court

ORDER ON CLAIMS 802 THROUGH 806

THOMAS C. BRITTON, Bankruptcy Judge.

The trustee’s objections to claims 802 through 806 were heard on September 1. The debtor is an insolvent securities broker that is in this court under SIPA, the Securities Investor Protection Act of 1970, 15 U.S.C. § 78eee(b)(4).

Early in this case, the trustee persuaded me to enter a misleading and inappropriate order requiring all claims to be filed with him rather than this court and imposing an involuted claims procedure. These claims were presented as specified in that order. That procedure, said to be customary in SIPA…

2Cases cited4 opinions

  1. Tcherepnin v. KnightSupreme Court of the United States · 1967
  2. Bach v. Florida State Bd. of DentistryDistrict Court of Appeal of Florida · 1979
  3. Securities and Exchange Com'n v. SJ Salmon & Co., Inc.District Court, S.D. New York · 1974
  4. Van Dyk Research Corp. v. SCM Corp. (In Re Van Dyk Research Corp.)United States Bankruptcy Court, D. New Jersey · 1981

3Cited by17 opinions

  1. In Re Adler Coleman Clearing Corp.United States Bankruptcy Court, S.D. New York · 1996
  2. Securities Investor Protection Corp. v. Stratton Oakmont, Inc.United States Bankruptcy Court, S.D. New York · 1999
  3. 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
  4. Securities Investor Protection Corp. v. C.J. Wright & Co. (In Re C.J. Wright & Co.)United States Bankruptcy Court, M.D. Florida · 1993
  5. In Re AR Baron Co., Inc.United States Bankruptcy Court, S.D. New York · 1998

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