30 Cited authorities

Northern Pipeline Co. v. Marathon Pipe Line Co.
458 U.S. 50 (1982) Cited 2,971 times 20 Legal Analyses
Holding that the Bankruptcy Act of 1978 was unconstitutional in part because it allowed bankruptcy courts to adjudicate state common law claims
Mills v. Electric Auto-Lite
396 U.S. 375 (1970) Cited 1,404 times 7 Legal Analyses
Holding that causation of damages by materially misleading proxy misstatement could be established by showing that proxy solicitation was an "essential link in the accomplishment of the transaction"
J. I. Case Co. v. Borak
377 U.S. 426 (1964) Cited 1,104 times 9 Legal Analyses
Holding that “a right of action [under Section 14(a) ] exists as to both derivative and direct causes”
Jackson Dairy, Inc. v. H. P. Hood Sons
596 F.2d 70 (2d Cir. 1979) Cited 1,020 times
Vacating preliminary injunction for failure to demonstrate irreparable injury
Scholes v. Lehmann
56 F.3d 750 (7th Cir. 1995) Cited 551 times 7 Legal Analyses
Holding that investors may retain profits they unwittingly made from a Ponzi scheme only if the debtor's payment of those profits, which necessarily reduced the net assets of the estate, "was offset by an equivalent benefit to the estate"
Securities & Exchange Commission v. Manor Nursing Centers, Inc.
458 F.2d 1082 (2d Cir. 1972) Cited 565 times 2 Legal Analyses
Holding that the disgorgement remedy does not reach income derived from the ill-gotten gains because such a remedy would constitute a penalty
Eberhard v. Marcu
530 F.3d 122 (2d Cir. 2008) Cited 114 times
Holding that a receiver's standing to maintain a set aside action is prescribed by the receivership entity's own rights and status as a creditor
Securities Exch. Com'n v. Wencke
622 F.2d 1363 (9th Cir. 1980) Cited 157 times 3 Legal Analyses
Holding that a district court may issue an order staying a non-party from bringing litigation against receivership entities except by leave of court
Securities & Exchange Commission v. Credit Bancorp, Ltd.
290 F.3d 80 (2d Cir. 2002) Cited 80 times
Holding that a pro rata distribution is particularly appropriate where the funds of defrauded investors were commingled and the victims were similarly situated with respect to the wrongdoing
S.E.C. v. American Bd. of Trade, Inc.
830 F.2d 431 (2d Cir. 1987) Cited 87 times
Upholding civil contempt remedies imposed sua sponte by the district court against defendant and in favor of non-parties to original proceeding
Section 157 - Procedures
28 U.S.C. § 157 Cited 51,506 times 79 Legal Analyses
Determining the validity, extent, or priority of liens
Section 1334 - Bankruptcy cases and proceedings
28 U.S.C. § 1334 Cited 40,798 times 57 Legal Analyses
Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"
Section 151 - Designation of bankruptcy courts
28 U.S.C. § 151 Cited 2,044 times 6 Legal Analyses
Referring to the bankruptcy court as a "unit" of the district court
Section 303 - Involuntary cases
11 U.S.C. § 303 Cited 2,024 times 36 Legal Analyses
Recognizing insolvency when a debtor is “generally not paying ... debts as [they] become due”
Section 1101 - Definitions for this chapter
11 U.S.C. § 1101 Cited 1,804 times 6 Legal Analyses
Requiring only the “commencement of distribution under the plan”
Section 1126 - Acceptance of plan
11 U.S.C. § 1126 Cited 928 times 15 Legal Analyses
Providing that impaired claim and interest holders are entitled to vote on plan approval
Section 959 - Trustees and receivers suable; management; State laws
28 U.S.C. § 959 Cited 716 times 12 Legal Analyses
Requiring a trustee to manage the estate in accordance with applicable law
Section 305 - Abstention
11 U.S.C. § 305 Cited 711 times 12 Legal Analyses
Permitting a bankruptcy court to dismiss a case where "the interests of creditors and the debtor would be better served by such dismissal."
Section 543 - Turnover of property by a custodian
11 U.S.C. § 543 Cited 583 times 7 Legal Analyses
Accounting requirement
Section 754 - Receivers of property in different districts
28 U.S.C. § 754 Cited 351 times 5 Legal Analyses
In 28 U.S.C. § 754, Congress has granted receivers authority to protect receivership "property, real, personal or mixed, situated in different districts."

Securities and Exchange Commission v. Byers et al

30 Cited authorities

Holding that the Bankruptcy Act of 1978 was unconstitutional in part because it allowed bankruptcy courts to adjudicate state common law claims

Holding that causation of damages by materially misleading proxy misstatement could be established by showing that proxy solicitation was an "essential link in the accomplishment of the transaction"

Holding that “a right of action [under Section 14(a) ] exists as to both derivative and direct causes”

Vacating preliminary injunction for failure to demonstrate irreparable injury

Holding that investors may retain profits they unwittingly made from a Ponzi scheme only if the debtor's payment of those profits, which necessarily reduced the net assets of the estate, "was offset by an equivalent benefit to the estate"

Holding that the disgorgement remedy does not reach income derived from the ill-gotten gains because such a remedy would constitute a penalty

Holding that a receiver's standing to maintain a set aside action is prescribed by the receivership entity's own rights and status as a creditor

Holding that a district court may issue an order staying a non-party from bringing litigation against receivership entities except by leave of court

Holding that a pro rata distribution is particularly appropriate where the funds of defrauded investors were commingled and the victims were similarly situated with respect to the wrongdoing

Upholding civil contempt remedies imposed sua sponte by the district court against defendant and in favor of non-parties to original proceeding

Determining the validity, extent, or priority of liens

Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"

Referring to the bankruptcy court as a "unit" of the district court

Recognizing insolvency when a debtor is “generally not paying ... debts as [they] become due”

Requiring only the “commencement of distribution under the plan”

Providing that impaired claim and interest holders are entitled to vote on plan approval

Requiring a trustee to manage the estate in accordance with applicable law

Permitting a bankruptcy court to dismiss a case where "the interests of creditors and the debtor would be better served by such dismissal."

Accounting requirement

In 28 U.S.C. § 754, Congress has granted receivers authority to protect receivership "property, real, personal or mixed, situated in different districts."