HBE Leasing Corp. v. Frank
48 F.3d 623 (2d Cir. 1995) Cited 355 timesHolding that order that did not resolve all the claims in the action was interlocutory and was not appealable because there was no Rule 54(b) certification
Louisville Bank v. Radford
295 U.S. 555 (1935) Cited 629 times 1 Legal AnalysesHolding that mortgage was not disturbed by bankruptcy proceedings
AG Capital Funding Partners, L.P. v. State Street Bank & Trust Co.
2008 N.Y. Slip Op. 5766 (N.Y. 2008) Cited 169 timesHolding that generally, absent an event of default, an indenture trustee does not have a fiduciary duty
Meckel v. Continental Resources Co.
758 F.2d 811 (2d Cir. 1985) Cited 200 timesHolding that rebuttal of the presumption requires a specific factual denial of receipt
Wright v. Union Central Ins. Co.
311 U.S. 273 (1940) Cited 189 times 1 Legal AnalysesObserving that "the [Bankruptcy] Act must be liberally construed to give the debtor the full measure of the relief afforded by Congress, lest its benefits be frittered away by narrow formalistic interpretations which disregard the spirit and letter of the Act"
Elliott Associates v. J. Henry Schroder Bank & Trust Co.
838 F.2d 66 (2d Cir. 1988) Cited 85 times 2 Legal AnalysesNoting that a securities trustee's duties "are strictly defined and limited to the terms of the indenture"
Beauvais v. Allegiance Securities, Inc.
942 F.2d 838 (2d Cir. 1991) Cited 44 timesFinding that the debtor was not entitled to possession of certain funds because a clearing agreement gave the garnishee "the right to apply them to [the debtor's] unpaid balance for services rendered to it or its customers"
Rule 69 - Execution
Fed. R. Civ. P. 69 Cited 4,062 times 6 Legal AnalysesAdopting state law for procedures to execute judgments and obtain relevant discovery
Section 5225 - Payment or delivery of property of judgment debtor
N.Y. C.P.L.R. § 5225 Cited 849 times 1 Legal AnalysesAuthorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor