Legal Opinion
Calyon New York Branch v. American Home Mortgage Corp. (In Re American Home Mortgage, Inc.)
United States Bankruptcy Court, D. Delaware
Decided January 4, 2008No. 19-10297PublishedCited by 10 opinions
1Opinion of the Court
OPINION
CHRISTOPHER S. SONTCHI, Bankruptcy Judge.
INTRODUCTION
This is a case of first impression regarding the application of the amended “safe harbor” provisions of sections 555 and 559 of the Bankruptcy Code to a repurchase agreement involving mortgage loans.
The dispute centers on three issues. The first issue is whether the sale and repurchase of mortgage loans under the contract in question is a “repurchase agreement” as defined in section 101(47) of the Bankruptcy Code and thus, pursuant to sections 362(b)(7), 555 and 559 of the Bankruptcy Code, the rights of the non- debtor party to the…
2Cases cited13 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Crédit Agricole Corporate & Investment Bank New York Branch v. American Home Mortgage Holdings, Inc.Court of Appeals for the Third Circuit · 2011
- DB Structured Products, Inc. v. American Home Mortgage Holdings, Inc. (In Re American Home Mortgage Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2009
- American Home Mortgage Investment Corp. v. Lehman Bros. (In Re American Home Mortgage, Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2008
- Calyon New York Branch v. American Home Mortgage Corp.United States Bankruptcy Court, D. Delaware · 2008
- In Re American Home Mortgage Holdings, Inc.United States Bankruptcy Court, D. Delaware · 2009
5 more not listed; retrieve them via the Exa API.