79 Cited authorities

Lewis v. Casey
518 U.S. 343 (1996) Cited 14,274 times 5 Legal Analyses
Holding that a prisoner must show an actual injury to state a claim for denial of access to courts
Butner v. United States
440 U.S. 48 (1979) Cited 4,387 times 17 Legal Analyses
Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law
Hartford Underwriters Ins. Co. v. Unionplanters Bank
530 U.S. 1 (2000) Cited 1,252 times 7 Legal Analyses
Holding that § 1109(b) was "by its terms inapplicable" in case which had been "converted from Chapter 11 to Chapter 7"
Granfinanciera, S. A. v. Nordberg
492 U.S. 33 (1989) Cited 1,917 times 31 Legal Analyses
Holding defendant to a preference action has a right to a jury trial pursuant to the Seventh Amendment of the United States Constitution, but that right can be waived by filing a claim in the bankruptcy proceedings
Raleigh v. Illinois Dept. of Revenue
530 U.S. 15 (2000) Cited 724 times 1 Legal Analyses
Holding that creditors' rights are “subject to any qualifying or contrary provisions of the Bankruptcy Code”
Patterson v. Shumate
504 U.S. 753 (1992) Cited 903 times 1 Legal Analyses
Holding that ERISA’s anti-alienation provision "constitutes an enforceable transfer restriction for purposes of 11 U.S.C. § 541(c) ’s exclusion of property from the bankruptcy estate"
Begier v. Internal Revenue Service
496 U.S. 53 (1990) Cited 813 times 7 Legal Analyses
Holding that the segregation of funds was not a prerequisite to the establishment of a statutory trust under the Internal Revenue Code
Cortec Indus., Inc. v. Sum Holding L.P.
949 F.2d 42 (2d Cir. 1991) Cited 2,956 times
Holding that “[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated” and affirming the district court's consideration of a stock purchase agreement, offering memorandum, and stock warrant that were “integral to [plaintiffs'] complaint”
Roth v. Jennings
489 F.3d 499 (2d Cir. 2007) Cited 1,397 times
Holding that dismissal of a Section 16 suit for disgorgement of short-swing profits was unjustified when there were allegations that a loan had been made to a borrower in furtherance of an agreement between the lender and the borrower "to work together to effect a change of control or similar transaction involving [the company whose shares were purchased with the borrowed money]"
San Leandro Emergen. Med. Plan v. Philip Morris
75 F.3d 801 (2d Cir. 1996) Cited 717 times 1 Legal Analyses
Holding that a company's statements that it was "optimistic" about its earnings and "should deliver income growth consistent with its historically superior performance" was non-actionable "puffery"
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 345,620 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 101 - Definitions
11 U.S.C. § 101 Cited 26,716 times 210 Legal Analyses
Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934
Section 502 - Allowance of claims or interests
11 U.S.C. § 502 Cited 9,147 times 85 Legal Analyses
Permitting summary adjudication or estimation of amounts due in bankruptcy claims adjudication
Section 544 - Trustee as lien creditor and as successor to certain creditors and purchasers
11 U.S.C. § 544 Cited 8,184 times 57 Legal Analyses
Granting to the bankruptcy trustee the power to "avoid any transfer of an interest of the debtor in property"
Section 547 - Preferences
11 U.S.C. § 547 Cited 8,125 times 82 Legal Analyses
Seeking to avoid preferential transfers
Section 548 - Fraudulent transfers and obligations
11 U.S.C. § 548 Cited 6,509 times 81 Legal Analyses
Seeking to avoid constructively fraudulent transfers
Section 550 - Liability of transferee of avoided transfer
11 U.S.C. § 550 Cited 4,479 times 29 Legal Analyses
Identifying a transferee’s liability to a trustee for, among other things, fraudulent transfers
Section 1141 - Effect of confirmation
11 U.S.C. § 1141 Cited 2,708 times 24 Legal Analyses
Granting discharge to Chapter 11 debtor upon confirmation except as otherwise provided for in the plan
Section 510 - Subordination
11 U.S.C. § 510 Cited 1,702 times 22 Legal Analyses
Seeking equitable subordination of pending punitive damages awards to the claims of unsecured creditors
Section 551 - Automatic preservation of avoided transfer
11 U.S.C. § 551 Cited 948 times
Providing that any transfer avoided by the trustee under certain sections of the Bankruptcy Code, including §§ 547 and 548, is "preserved for the benefit of the estate"

In Re: Adelphia Communication Corp.

79 Cited authorities

Holding that a prisoner must show an actual injury to state a claim for denial of access to courts

Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law

Holding that § 1109(b) was "by its terms inapplicable" in case which had been "converted from Chapter 11 to Chapter 7"

Holding defendant to a preference action has a right to a jury trial pursuant to the Seventh Amendment of the United States Constitution, but that right can be waived by filing a claim in the bankruptcy proceedings

Holding that creditors' rights are “subject to any qualifying or contrary provisions of the Bankruptcy Code”

Holding that ERISA’s anti-alienation provision "constitutes an enforceable transfer restriction for purposes of 11 U.S.C. § 541(c) ’s exclusion of property from the bankruptcy estate"

Holding that the segregation of funds was not a prerequisite to the establishment of a statutory trust under the Internal Revenue Code

Holding that a company's statements that it was "optimistic" about its earnings and "should deliver income growth consistent with its historically superior performance" was non-actionable "puffery"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

Permitting summary adjudication or estimation of amounts due in bankruptcy claims adjudication

Granting to the bankruptcy trustee the power to "avoid any transfer of an interest of the debtor in property"

Seeking to avoid preferential transfers

Seeking to avoid constructively fraudulent transfers

Identifying a transferee’s liability to a trustee for, among other things, fraudulent transfers

Granting discharge to Chapter 11 debtor upon confirmation except as otherwise provided for in the plan

Seeking equitable subordination of pending punitive damages awards to the claims of unsecured creditors

Providing that any transfer avoided by the trustee under certain sections of the Bankruptcy Code, including §§ 547 and 548, is "preserved for the benefit of the estate"