19 Cited authorities

Securities v. Zandford
535 U.S. 813 (2002) Cited 519 times 17 Legal Analyses
Holding that the SEC may bring a public enforcement action against a broker who accepted payment for securities that he never delivered
In re International Administrative Serv. Inc.
408 F.3d 689 (11th Cir. 2005) Cited 357 times 3 Legal Analyses
Holding that a bankruptcy court's order is complete when made, not when it is reduced to paper and entered on the docket
Bonded Fin. Services v. European Amer. Bank
838 F.2d 890 (7th Cir. 1988) Cited 580 times 5 Legal Analyses
Holding that a bank was not an initial transferee because it held funds “only for the purpose of fulfilling an instruction to make the funds available to someone else”
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
Bayou Superfund, LLC v. WAM Long/Short Fund II, L.P. (In re WAM Long/Short Fund, L.P.)
362 B.R. 624 (Bankr. S.D.N.Y. 2007) Cited 92 times
Describing the "intentional disseminat[ion] [of] false financial statements and performance reports" as a "badge of fraud"
In re Beacon Associates Litigation
745 F. Supp. 2d 386 (S.D.N.Y. 2010) Cited 77 times
Holding that where a defendant “was under a duty to update or correct [a prior misrepresentation] ... Plaintiffs are entitled to the Affiliated Ute presumption of reliance on this omission”
In re Sunbeam Corp.
284 B.R. 355 (Bankr. S.D.N.Y. 2002) Cited 92 times
Holding that the committee's allegations regarding the control exercised by a corporate parent that advised the debtor on corporate acquisitions over the decision by a corporate affiliate to finance such acquisitions were insufficient to hold the corporate affiliate liable for the parent's alleged misconduct, and thus to equitably subordinate affiliate's claim on that basis
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”
United States v. GAF Corp.
928 F.2d 1253 (2d Cir. 1991) Cited 88 times 2 Legal Analyses
Holding that the defendant could inform the jury that the government had pursued a different theory during a previous trial
Lehman Bros. Holdings Inc. v. JPMorgan Chase Bank, N.A. (In re Lehman Bros. Holdings Inc.)
469 B.R. 415 (Bankr. S.D.N.Y. 2012) Cited 38 times 2 Legal Analyses
Holding that decision on motion to dismiss complaint for failure to state claim, being interlocutory in nature, did not implicate limitations imposed by Stern on bankruptcy court's authority to finally decide certain controversies; due to procedural character, any judicial determination of such motion at trial court level does not involve any factual findings and is always subject to de novo standard of appellate review
Section 101 - Definitions
11 U.S.C. § 101 Cited 26,700 times 209 Legal Analyses
Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934
Section 550 - Liability of transferee of avoided transfer
11 U.S.C. § 550 Cited 4,470 times 29 Legal Analyses
Identifying a transferee’s liability to a trustee for, among other things, fraudulent transfers
Section 1821 - Insurance Funds
12 U.S.C. § 1821 Cited 2,937 times 54 Legal Analyses
Granting FDIC standing to bring civil actions for money damages against the Bank's directors as the successor
Section 546 - Limitations on avoiding powers
11 U.S.C. § 546 Cited 2,228 times 70 Legal Analyses
Granting an administrative expense priority claim

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

19 Cited authorities

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

Holding that a bankruptcy court's order is complete when made, not when it is reduced to paper and entered on the docket

Holding that a bank was not an initial transferee because it held funds “only for the purpose of fulfilling an instruction to make the funds available to someone else”

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

Describing the "intentional disseminat[ion] [of] false financial statements and performance reports" as a "badge of fraud"

Holding that where a defendant “was under a duty to update or correct [a prior misrepresentation] ... Plaintiffs are entitled to the Affiliated Ute presumption of reliance on this omission”

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 that the defendant could inform the jury that the government had pursued a different theory during a previous trial

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

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

Granting FDIC standing to bring civil actions for money damages against the Bank's directors as the successor

Granting an administrative expense priority claim