Legal Opinion
Insurance of State of Pennsylvania v. HSBC Bank USA
New York Court of Appeals
Decided February 12, 2008PublishedCited by 21 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
We are asked in this case to decide whether a Bankruptcy Court order allowing a creditor to seize a debtor’s bank account is entitled to res judicata effect in a subsequent state proceeding alleging that a portion of the funds in the account were state tax proceeds that should not have been part of the bankruptcy estate. Because plaintiff and its subrogor had notice of the bankruptcy action and failed to alert the court that the funds at issue were tax receipts held in trust, we conclude that plaintiff cannot now challenge defendant’s court-approved seizure of…
2Cases cited12 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Rdm Holdings, Ltd v. Continental Plastics CoMichigan Court of Appeals · 2008
- Corines v. American Physicians Insurance TrustDistrict Court, S.D. New York · 2011
- Zimmerman v. Poly Prep Country Day SchoolDistrict Court, E.D. New York · 2012
- Breslin Realty Development Corp. v. ShawAppellate Division of the Supreme Court of the State of New York · 2010
- Knobel v. ShawAppellate Division of the Supreme Court of the State of New York · 2011
16 more not listed; retrieve them via the Exa API.