Legal Opinion

Chemical Bank v. First Trust of New York, National Ass'n

Court of Appeals for the Eleventh Circuit

Decided July 1, 1999No. 97-4436PublishedCited by 1 opinion

1Opinion of the Court

BIRCH, Circuit Judge:

We summarize briefly the facts surrounding this bankruptcy proceeding.1 *1308Southeast Banking Corporation (“Southeast”) filed a voluntary bankruptcy petition pursuant to Chapter 7 of the Bankruptcy Code on September 20, 1991. Appellant, The Chase Manhattan Bank (“Chase”), formerly Chemical Bank, is the indenture trustee (the “Senior Trustee”) under an indenture agreement, pursuant to which Southeast issued $60 million in principal amount of unsecured notes (the “Senior Notes”). Appellant, Gabriel Capital, L.P. (“Gabriel”) holds a substantial portion of the Senior Notes.…

2Cases cited12 opinions

  1. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
  2. Thomas v. Western Car Co.Supreme Court of the United States · 1893
  3. Rooney v. TysonNew York Court of Appeals · 1998
  4. United States v. JordanSupreme Court of the United States · 1952
  5. In the Matter of Time Sales Finance Corporation and Its Wholly Owned Subsidiary Corporations, Debtors. Appeal of Central Penn National BankCourt of Appeals for the Third Circuit · 1974

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3Cited by1 opinion

  1. In Re: Southeast Banking Corporation, Debtor. Chemical Bank, as Indenture Trustee Under the Indenture, Stated as of March 1, 1983, of Southeast Banking Corporation, and Gabriel Capital, L.P. v. First Trust of New York, National Association, as Indenture Trustee, the Bank of New York, as Indenture Trustee, and Southeast Banking Corporation, DebtorCourt of Appeals for the First Circuit · 1999

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