Merrill v. Dabit

Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act

Securities v. Zandford

Holding that the SEC may bring a public enforcement action against a broker who accepted payment for securities that he never delivered

In re Sharp Intern. Corp.

Holding that plaintiff must satisfy specific pleading requirements of Rule 9(b) to state actual fraudulent transfer claim under New York law

In re Ionosphere Clubs, Inc.

Holding that withdrawal of the reference is not mandatory merely because a case "involves the routine application of a non-Bankruptcy Code federal statute"

HBE Leasing Corp. v. Frank

Holding 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

City of N.Y.C. v. Exxon Corp.

Holding that § 362(b) allowed action by city seeking reimbursement of environmental cleanup costs

Cunningham v. Brown

Finding in the original Ponzi scheme case that claimants were not entitled to equitable relief because they could not trace their property within Ponzi's bank account

In re Bernard L. Madoff Inv. Sec. Llc

Holding that a trustee asserting good faith as a defense to avoid a transaction bears the burden of establishing such good faith

In re Chase Sanborn Corp.

Holding that funds of debtor's president that were placed in the debtor's accounts were not "property of the debtor"

In re J.P., Jeanneret Associates, Inc.

Holding at the motion to dismiss stage that the plaintiffs had alleged sufficient facts from which a trier could conclude that strict vertical commonality was present, where the plaintiffs alleged that "[t]he investment manager [was] paid a basic quarterly fee in the amount of one-eighth of one percent of the ‘closing value’ of the assets in the investment account, and a performance fee equal to 20% of the profits in the investment account that exceed the preferred return and the basic quarterly fee" and distinguishing that fee arrangement from that of a "stockbroker, who collects a fee for every consummated transaction"

Section 157 - Procedures

Determining the validity, extent, or priority of liens

Section 544 - Trustee as lien creditor and as successor to certain creditors and purchasers

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

Section 547 - Preferences

Seeking to avoid preferential transfers

Section 548 - Fraudulent transfers and obligations

Seeking to avoid constructively fraudulent transfers

Section 550 - Liability of transferee of avoided transfer

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

Section 546 - Limitations on avoiding powers

Granting an administrative expense priority claim

Section 78fff-2 - Special provisions of a liquidation proceeding

Allowing customers to participate in the distribution of the general estate if customer property does not satisfy their net equity claims

Section 78lll - Definitions

Defining “customer property,” in relevant part, as “cash and securities ... received, acquired, or held” by the broker-dealer “for the securities accounts” of customers

Section 78fff-1 - Powers and duties of a trustee

Stating that “[t]o the extent consistent with the provisions of [SIPA] or as otherwise ordered by the court, a [SIPA] trustee shall be subject to the same duties as a [Chapter 7] trustee in a case under chapter 7 of [the Bankruptcy Code], including, if the debtor is a commodity broker, as defined under section 101 of such title, the duties specified in subchapter IV of such chapter 7”

Section 78ccc - Securities Investor Protection Corporation

Section 240.10b-10 - Confirmation of transactions

Setting forth different disclosure obligations on broker-dealers who act as principal versus those who act as agent