20 Cited authorities

Butner v. United States
440 U.S. 48 (1979) Cited 4,396 times 17 Legal Analyses
Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law
Barnhill v. Johnson
503 U.S. 393 (1992) Cited 838 times 2 Legal Analyses
Holding that a transfer is defined by federal law and, in the absence of federal law, property interests are "creatures of state law"
In re Sharp Intern. Corp.
403 F.3d 43 (2d Cir. 2005) Cited 638 times 2 Legal Analyses
Holding that plaintiff must satisfy specific pleading requirements of Rule 9(b) to state actual fraudulent transfer claim under New York law
In re Bernard L. Madoff Investment Securities LLC
654 F.3d 229 (2d Cir. 2011) Cited 158 times 4 Legal Analyses
Affirming the use of Trustee's proposed Net Investment Method, endorsed in Antecedent Debt Decision
Bear, Stearns Securities Corp. v. Gredd (In re Manhattan Investment Fund Ltd.)
397 B.R. 1 (S.D.N.Y. 2007) Cited 161 times 2 Legal Analyses
Holding that a transfer must "further a Ponzi scheme" for the presumption to apply
Foley v. Transocean Ltd.
272 F.R.D. 126 (S.D.N.Y. 2011) Cited 96 times
Rejecting challenge that Danish pension fund would "saddle the class with unnecessary and additional costs"; "courts in this District and others have routinely appointed foreign investors as lead plaintiff"
Enron Creditors Recovery Corp. v. ALFA, S.A.B. DE C.V.
651 F.3d 329 (2d Cir. 2011) Cited 92 times 17 Legal Analyses
Holding that early redemption payments of commercial paper are “settlement payments” within the meaning of § 741 and thus protected by the safe harbor provision of § 546(e) and that nothing in the text of § 741 or the Bankruptcy Code support a purchase or sale requirement
In re Resorts International, Inc.
181 F.3d 505 (3d Cir. 1999) Cited 115 times 6 Legal Analyses
Holding payment for securities made in conjunction with leveraged buyout is settlement payment, regardless of whether clearing agency was involved
In re Adler, Coleman Clearing Corp.
263 B.R. 406 (Bankr. S.D.N.Y. 2001) Cited 102 times
Concluding that transferee's "actual fraudulent intent may be ascribed to" transferor corporation where transferee "dominated or controlled [transferor's] disposition" of its property
Picard v. Katz
462 B.R. 447 (S.D.N.Y. 2011) Cited 61 times 3 Legal Analyses
Finding that section 546(e) “precludes the Trustee from bringing any action to recover from any of Madoff's customers any of the monies paid by Madoff Securities to those customers except in the case of actual fraud”
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 490,314 times 695 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
Section 101 - Definitions
11 U.S.C. § 101 Cited 26,776 times 214 Legal Analyses
Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934
Section 548 - Fraudulent transfers and obligations
11 U.S.C. § 548 Cited 6,529 times 84 Legal Analyses
Seeking to avoid constructively fraudulent transfers
Section 546 - Limitations on avoiding powers
11 U.S.C. § 546 Cited 2,238 times 70 Legal Analyses
Granting an administrative expense priority claim
Section 78fff-2 - Special provisions of a liquidation proceeding
15 U.S.C. § 78fff-2 Cited 142 times 1 Legal Analyses
Allowing customers to participate in the distribution of the general estate if customer property does not satisfy their net equity claims

Irving H. Picard v. Saul B. Katz et al

20 Cited authorities

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

Holding that a transfer is defined by federal law and, in the absence of federal law, property interests are "creatures of state law"

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

Affirming the use of Trustee's proposed Net Investment Method, endorsed in Antecedent Debt Decision

Holding that a transfer must "further a Ponzi scheme" for the presumption to apply

Rejecting challenge that Danish pension fund would "saddle the class with unnecessary and additional costs"; "courts in this District and others have routinely appointed foreign investors as lead plaintiff"

Holding that early redemption payments of commercial paper are “settlement payments” within the meaning of § 741 and thus protected by the safe harbor provision of § 546(e) and that nothing in the text of § 741 or the Bankruptcy Code support a purchase or sale requirement

Holding payment for securities made in conjunction with leveraged buyout is settlement payment, regardless of whether clearing agency was involved

Concluding that transferee's "actual fraudulent intent may be ascribed to" transferor corporation where transferee "dominated or controlled [transferor's] disposition" of its property

Finding that section 546(e) “precludes the Trustee from bringing any action to recover from any of Madoff's customers any of the monies paid by Madoff Securities to those customers except in the case of actual fraud”

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

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

Seeking to avoid constructively fraudulent transfers

Granting an administrative expense priority claim

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