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Securities and Exchange Commission v. Byers et al

MEMORANDUM OF LAW in Support re: 70 MOTION to Authorize Modification of Preliminary Injunction.. Document

30 Cited authorities

  1. In re SGL Carbon Corp.

    200 F.3d 154 (3d Cir. 1999)   Cited 225 times   6 Legal Analyses
    Holding that a “Chapter 11 petition is subject to dismissal for ‘cause’ under 11 U.S.C. § 1112(b) unless it is filed in good faith”

  2. In re Integrated Telecom Express, Inc.

    384 F.3d 108 (3d Cir. 2004)   Cited 164 times   5 Legal Analyses
    Holding bankruptcy petition was not filed in good faith

  3. 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

  4. In re Barbieri

    199 F.3d 616 (2d Cir. 1999)   Cited 115 times
    Holding that "debtor had the right voluntarily to dismiss her Chapter 13 petition absent an actual order of conversion"

  5. In re Aquatic Development Group, Inc.

    352 F.3d 671 (2d Cir. 2003)   Cited 99 times
    Holding that an abuse of discretion on the part of a bankruptcy court is either " a decision resting on an error of law ... or a decision that ... cannot be located within the range of permissible decisions"

  6. Gilchrist v. General Elec. Capital Corp.

    262 F.3d 295 (4th Cir. 2001)   Cited 61 times
    Addressing injunction entered against out-of-district creditors who were not party to bankruptcy action

  7. Securities Exch. v. Lincoln Thrift Ass'n

    577 F.2d 600 (9th Cir. 1978)   Cited 97 times
    Ruling that, although bankruptcy proceedings may be preferred to liquidation of a corporation though an equity receivership, the district court did not err in refusing to transfer the liquidation proceedings to bankruptcy court because of the late stage of the receivership proceedings

  8. In re Bayou Group, L.L.C.

    363 B.R. 674 (S.D.N.Y. 2007)   Cited 15 times
    Providing that after a bankruptcy petition is filed, the receiver's role as receiver terminated, but that his role as manager of the bankrupt entities would continue, and the "management of a bankrupt entity that files in Chapter 11 is automatically authorized to act as the debtor-in-possession, since under the Bankruptcy Code, the term `debtor-in-possession' quite simply `means debtor'"

  9. In re Bayou Group, LLC

    372 B.R. 661 (Bankr. S.D.N.Y. 2007)   Cited 9 times
    Holding that investors entitled to a contractual right of redemption are creditors of a debtor in bankruptcy because "a party with a contract claim against a debtor is a creditor of the debtor."

  10. United States v. Royal Business Funds Corp.

    724 F.2d 12 (2d Cir. 1983)   Cited 23 times
    In United States v. Royal Business Funds Corp., 724 F.2d 12 (2d Cir. 1983), we held that a stipulation between parties may bar a debtor from commencing a bankruptcy proceeding.

  11. Section 157 - Procedures

    28 U.S.C. § 157   Cited 51,479 times   79 Legal Analyses
    Determining the validity, extent, or priority of liens

  12. Section 101 - Definitions

    11 U.S.C. § 101   Cited 26,756 times   214 Legal Analyses
    Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

  13. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 22,519 times   87 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

  14. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,527 times   165 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

  15. Section 105 - Power of court

    11 U.S.C. § 105   Cited 9,448 times   75 Legal Analyses
    Granting the court powers as appropriate to carry out the Code

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

    11 U.S.C. § 544   Cited 8,196 times   60 Legal Analyses
    Granting to the bankruptcy trustee the power to "avoid any transfer of an interest of the debtor in property"

  17. Section 77q - Fraudulent interstate transactions

    15 U.S.C. § 77q   Cited 3,310 times   38 Legal Analyses
    Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security

  18. Section 303 - Involuntary cases

    11 U.S.C. § 303   Cited 2,023 times   36 Legal Analyses
    Recognizing insolvency when a debtor is “generally not paying ... debts as [they] become due”

  19. Section 701 - Interim trustee

    11 U.S.C. § 701   Cited 1,871 times   3 Legal Analyses
    Granting the U.S. Trustee the power to appoint a "disinterested person" from "the panel of private trustees" as an interim trustee

  20. Section 1104 - Appointment of trustee or examiner

    11 U.S.C. § 1104   Cited 1,120 times   9 Legal Analyses
    Providing for appointment of trustee in chapter 11 proceeding only in certain circumstances

  21. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,214 times   134 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"