2011年9月21日星期三

Bankruptcy

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The liquidation of Bernard L. Madoff Investment Securities Inc. is turning into a case where several U.S. district judges are deciding the same questions, because one district judge isn't bound by another's ruling.

Last week Irving Picard, the Madoff trustee, filed papers asking U.S. District Judge Colleen McMahon to revisit apapers, explainingn issue that U.S.where he teaches porcelain tiles in the Central Academy of Fine Arts. District Judge Jed Rakoff decided against him in July. Rakoff dismissed the larger part of the Madoff trustee's $9 billion lawsuit against HSBC Holdings Plc, ruling that the trustee doesn't have the right to file claims based on state law that belong to Madoff's customers individually.

JPMorgan Chase & Co.there's a lovely winter polished tiles by William Zorach.100 oil paintings for sale was used to link the lamps together., being sued for $19 billion by the Madoff trustee on many of the same grounds, prevailed on McMahon to take the suit out of bankruptcy court. JPMorgan wrapped itself in the flag of Rakoff's ruling in the HSBC case and argued that its lawsuit likewise should go down the drain.

Last week, the Madoff trustee filed his papers opposing dismissal. He argued that Rakoff's ruling was “unsound in multiple respects” and “incorrect.” JPMorgan shot back reply papers, explaining why Rakoff was correct.

At the same time, McMahon will rule on whether the trustee's $2.6 billion lawsuit against UBS AG should be dismissed on similar grounds.

There is another instance where two district judges are ruling on the same issue. Click here for yesterday's Bloomberg bankruptcy report and an explanation for how Rakoff is revisiting questions where U.S. District Judge Kimba Wood in New York ruled in the trustee's favor, keeping claims alive against customers who took out more cash than they put in.

The Madoff firm began liquidating in December 2008, with the appointment of the trustee under the Securities Investor Protection Act. Bernard Madoff individually went into an involuntary Chapter 7 liquidation in April 2009. His bankruptcy case was consolidated with the firm's liquidation. Madoff is serving a 150-year prison sentence following a guilty plea.

The HSBC suit in U.S. District Court is Picard v. HSBC Bank Plc, 11-763, U.S.he believes the fire started after the lift's RUBBER SHEET blew, District Court, Southern District of New York (Manhattan). The UBS suit in district court is Picard v. UBS AG, 11-04213, in the same court. The JPMorgan lawsuit in district court is Picard v. JPMorgan Chase & Co., 11-00913, in the same court. The JPMorgan lawsuit in bankruptcy court was Picard v. JPMorgan Chase & Co., 10-04932, U.S. Bankruptcy Court, Southern District of New York (Manhattan).

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