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

REPLY MEMORANDUM OF LAW in Support re: 387 MOTION to Dismiss.. Document

25 Cited authorities

  1. Taylor v. Freeland Kronz

    503 U.S. 638 (1992)   Cited 1,176 times   2 Legal Analyses
    Holding that the time limit is mandatory

  2. Eldred v. Ashcroft

    537 U.S. 186 (2003)   Cited 192 times   6 Legal Analyses
    Holding that “every idea, theory, and fact in a copyrighted work becomes instantly available for public exploitation at the moment of publication.”

  3. Woods & Erickson, LLP v. Leonard (In re AVI, Inc.)

    389 B.R. 721 (B.A.P. 9th Cir. 2008)   Cited 164 times
    Holding that a trustee is not required to avoid the initial transfer from the initial transferee before seeking to avoid it and recover from subsequent transferees, and noting that this “conclusion is consistent with case law that has disallowed automatic recovery from a subsequent transferee following the avoidance of an initial transfer through a stipulated judgment or default when the transferee had not been a party to the underlying avoidance proceeding”

  4. In re Integra Realty Res., Inc.

    354 F.3d 1246 (10th Cir. 2004)   Cited 144 times   1 Legal Analyses
    Holding that a class member waived his right to appeal because he did not strictly comply with the objection procedure laid out by the district court

  5. Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC

    480 B.R. 501 (Bankr. S.D.N.Y. 2012)   Cited 103 times   3 Legal Analyses
    Holding that a trustee may settle with an initial transferee and still pursue recovery against a subsequent transferee, but “notwithstanding, the Trustee will still be required to prove that the transfers ... were fraudulent and improper in connection with its suit against subsequent transferee because the Trustee's Settlement with [the initial transferee] did not involve any determination on the merits as to the initial transfers,” and in this way, the subsequent transferee “will be afforded its due process rights to contest the avoidability of these initial transfers.”

  6. In re Worldcom Securities

    496 F.3d 245 (2d Cir. 2007)   Cited 114 times   5 Legal Analyses
    Holding that American Pipe tolling applies to plaintiffs who file actions while class certification is pending

  7. In re Bernard L. Madoff Inv. Sec. Llc

    440 B.R. 243 (Bankr. S.D.N.Y. 2010)   Cited 85 times   1 Legal Analyses
    Holding that a trustee asserting good faith as a defense to avoid a transaction bears the burden of establishing such good faith

  8. In re M. Fabrikant Sons, Inc.

    394 B.R. 721 (Bankr. S.D.N.Y. 2008)   Cited 79 times
    Holding Rule 8 was satisfied despite the complaint aggregating transfers over “a period lasting nearly four years” and it was impossible to determine what amount was sought under the Code

  9. In re Park South Securities, Llc.

    326 B.R. 505 (Bankr. S.D.N.Y. 2005)   Cited 68 times
    Finding that a bankruptcy trustee lacked constitutional standing to assert unjust enrichment claims on behalf of customers and not the estate

  10. In re Sufolla, Inc.

    2 F.3d 977 (9th Cir. 1993)   Cited 64 times
    Finding a guarantor to be a creditor of the guaranteed debt under § 547(b) because payment of that debt would be to the benefit of the guarantor

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,557 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,939 times   1234 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  13. Rule 20 - Permissive Joinder of Parties

    Fed. R. Civ. P. 20   Cited 11,248 times   22 Legal Analyses
    Granting courts authority to "issue orders-including an order for separate trials."

  14. Section 547 - Preferences

    11 U.S.C. § 547   Cited 8,125 times   82 Legal Analyses
    Seeking to avoid preferential transfers

  15. Section 550 - Liability of transferee of avoided transfer

    11 U.S.C. § 550   Cited 4,479 times   29 Legal Analyses
    Identifying a transferee’s liability to a trustee for, among other things, fraudulent transfers

  16. Section 546 - Limitations on avoiding powers

    11 U.S.C. § 546   Cited 2,231 times   70 Legal Analyses
    Granting an administrative expense priority claim

  17. Rule 2004 - Examination

    Fed. R. Bankr. P. 2004   Cited 1,176 times   8 Legal Analyses
    Authorizing the bankruptcy court to "order the examination of any entity" by "any party in interest" so long as the examination "relate only to the acts, conduct, or property or to the liabilities and financial condition of the debtor, or to any matter which may affect the administration of the debtor's estate, or to the debtor's right to a discharge"