45 Cited authorities

Butner v. United States
440 U.S. 48 (1979) Cited 4,385 times 17 Legal Analyses
Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law
Travelers Cas. and Sur. Co. of America v. Pacific Gas and Elec. Co.
549 U.S. 443 (2007) Cited 888 times 9 Legal Analyses
Holding that proofs of claim enforceable under applicable state law are presumed to be allowed in bankruptcy “unless expressly disallowed by [ 11 U.S.C.] § 502(b)”
In re Sharp Intern. Corp.
403 F.3d 43 (2d Cir. 2005) Cited 633 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
Donell v. Kowell
533 F.3d 762 (9th Cir. 2008) Cited 335 times 6 Legal Analyses
Holding that a receiver had standing to bring claims on behalf of a defrauded entity under the California Uniform Fraudulent Transfer Act
Official Committee of Unsecured Creditors v. Hancock Park Capital II, L.P.
714 F.3d 1141 (9th Cir. 2013) Cited 218 times 5 Legal Analyses
Holding that the bankruptcy court was permitted to determine whether an alleged debt should be recharacterized as equity
Klinghoffer v. S.N.C. Achille Lauro
921 F.2d 21 (2d Cir. 1990) Cited 411 times 2 Legal Analyses
Holding that "it continues to be true that only 'exceptional circumstances [will] justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment.'"
In re Bernard L. Madoff Investment Securities LLC
654 F.3d 229 (2d Cir. 2011) Cited 157 times 4 Legal Analyses
Affirming the use of Trustee's proposed Net Investment Method, endorsed in Antecedent Debt Decision
In re Colonial Realty Co.
980 F.2d 125 (2d Cir. 1992) Cited 228 times 3 Legal Analyses
Holding that "property of the estate" excludes assets that have been transferred because of a preferential transfer or a fraudulent conveyance until those assets have been recovered
South v. Saab Cars USA, Inc.
28 F.3d 9 (2d Cir. 1994) Cited 162 times
Holding that "a plaintiff's failure to act diligently is not a reason to invoke equitable tolling"
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”
Rule 59 - New Trial; Altering or Amending a Judgment
Fed. R. Civ. P. 59 Cited 43,342 times 65 Legal Analyses
Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"
Section 101 - Definitions
11 U.S.C. § 101 Cited 26,703 times 209 Legal Analyses
Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934
Section 1292 - Interlocutory decisions
28 U.S.C. § 1292 Cited 22,272 times 193 Legal Analyses
Granting appellate jurisdiction over the denial of an injunction
Section 158 - Appeals
28 U.S.C. § 158 Cited 18,100 times 57 Legal Analyses
Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts
Section 541 - Property of the estate
11 U.S.C. § 541 Cited 14,368 times 73 Legal Analyses
Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"
Section 548 - Fraudulent transfers and obligations
11 U.S.C. § 548 Cited 6,501 times 81 Legal Analyses
Seeking to avoid constructively fraudulent transfers
Section 507 - Priorities
11 U.S.C. § 507 Cited 4,322 times 26 Legal Analyses
Determining the priority of claims
Rule 9023 - New Trials; Amendment of Judgments
Fed. R. Bankr. P. 9023 Cited 1,981 times 1 Legal Analyses
Adopting Fed. R. Civ. P. 59(e)
Section 78bb - Effect on existing law
15 U.S.C. § 78bb Cited 906 times 30 Legal Analyses
Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933
Rule 1001 - Scope of Rules and Forms; Short Title
Fed. R. Bankr. P. 1001 Cited 427 times 1 Legal Analyses
Charging the Court with administering the Bankruptcy Rules "to secure the just, speedy, and inexpensive determination of every case and proceeding"

Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities L.L.C.

45 Cited authorities

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

Holding that proofs of claim enforceable under applicable state law are presumed to be allowed in bankruptcy “unless expressly disallowed by [ 11 U.S.C.] § 502(b)”

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

Holding that a receiver had standing to bring claims on behalf of a defrauded entity under the California Uniform Fraudulent Transfer Act

Holding that the bankruptcy court was permitted to determine whether an alleged debt should be recharacterized as equity

Holding that "it continues to be true that only 'exceptional circumstances [will] justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment.'"

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

Holding that "property of the estate" excludes assets that have been transferred because of a preferential transfer or a fraudulent conveyance until those assets have been recovered

Holding that "a plaintiff's failure to act diligently is not a reason to invoke equitable tolling"

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”

Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"

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

Granting appellate jurisdiction over the denial of an injunction

Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts

Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

Seeking to avoid constructively fraudulent transfers

Determining the priority of claims

Adopting Fed. R. Civ. P. 59(e)

Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933

Charging the Court with administering the Bankruptcy Rules "to secure the just, speedy, and inexpensive determination of every case and proceeding"