Legal Opinion
CIT Group Inc. v. Tyco International Ltd. (In Re CIT Group Inc.)
United States Bankruptcy Court, S.D. New York
Decided December 21, 2011No. 19-10039PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OF OPINION
ALLAN L. GROPPER, Bankruptcy-Judge.
Introduction
Before the Court are cross-motions for summary judgment filed, respectively, by the reorganized debtor, CIT Group Inc. (“CIT” or “Reorganized Debtor”), and by its former indirect parent company, Tyco International Ltd. (“Tyco”). CIT argues that a claim filed by Tyco should be subordinated pursuant to § 510(b) of the Bankruptcy Code as one for damages arising from the sale of CIT’s securities because the tax agreement on which it is based (the “Tax Agreement”) was entered into as an integral part of the spinoff of CIT from…
2Cases cited28 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Richard Morales v. Quintel Entertainment, Inc. And Peter StolzCourt of Appeals for the Second Circuit · 2001
- In Re Telegroup, Inc. Baroda Hill Investments, Ltd. Leheron Corporation, Ltd. Kimble John Winter v. Telegroup, IncCourt of Appeals for the Third Circuit · 2002
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3Cited by5 opinions
- Kit Digital, Inc. v. Invigor Group Ltd. (In re Kit Digital, Inc.)United States Bankruptcy Court, S.D. New York · 2013
- In re Lehman Bros.District Court, S.D. New York · 2014
- In re Lehman Bros.United States Bankruptcy Court, S.D. New York · 2015
- Andrew Fox v. Charge Enterprises, Inc.; Craig Denson v. Charge Enterprises, Inc.District Court, D. Delaware · 2026
- RTI Holding Company, LLCUnited States Bankruptcy Court, D. Delaware · 2021