Legal Opinion

Sealink Funding, Ltd. v. Deutsche Bank AG (In re Residential Capital, LLC)

United States Bankruptcy Court, S.D. New York

Decided March 20, 2013No. Bankruptcy No. 12-12020 (MG); Adversary No. 12-02051 (MG)PublishedCited by 1 opinion

1Opinion of the Court

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON PLAINTIFF’S MOTION TO REMAND

MARTIN GLENN, Bankruptcy Judge.

This case is one of many similar cases originally filed in state court alleging exclusively state law fraud claims arising from the sale of residential mortgage backed securities (“RMBS”). Many similar RMBS cases, some following remand from federal courts, are currently pending in the Commercial Division of the New York Supreme Court in Manhattan. That court is experienced in handling complex civil cases such as this one. Like other similar cases, this case was removed by defendants…

2Cases cited23 opinions

Stern v. MarshallSupreme Court of the United States · 2011
Lone Star Fund v (U.S.), L.P. v. Barclays Bank PLCCourt of Appeals for the Fifth Circuit · 2010
Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
Briarpatch Limited, L.P., Gerard F. Rubin v. Phoenix Pictures, Inc., Michael Medavoy, Geisler Roberdeau, Inc., Terence MalickCourt of Appeals for the Second Circuit · 2004

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3Cited by1 opinion

Residential Funding Co. v. UBS Real Estate Securities, Inc. (In re Residential Capital, LLC)United States Bankruptcy Court, S.D. New York · 2014