Irving H. Picard v. Maxam Absolute Return Fund, L.P. et al
Irving H. Picard |
Maxam Absolute Return Fund, Ltd, Maxam Capital Management, LLC, Maxam Capital GP LLC, Sandra L. Manzke Revocable Trust, Sandra L. Manzke, Suzanne Hammond, Walker Manzke, April Bukofser Manzke and Maxam Absolute Return Fund, L.P. |
Bernard L. Madoff Investment Securities LLC |
1:2011cv07428 |
October 20, 2011 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of U.S. |
Jed S. Rakoff |
Withdrawal |
28 U.S.C. ยง 157 |
None |
Available Case Documents
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Filing 35 OPINION AND ORDER: In sum, the Court concludes that there is no irreconcilable conflict between section 502(d) of the Bankruptcy Code and SIPA such that section 502(d) should not apply to SIPA liquidation proceedings. Accordingly, in its February 13, 2013 Order, the Court denied the defendants' motions to dismiss to the extent they rely on the inapplicability of section 502(d) to SIPA proceedings. Except to the extent provided in other orders, the Court directs that the following adversary proceedings be returned to the Bankruptcy Court for further proceedings consistent with this Opinion and Order: (1) those cases listed in Exhibit A of item number 155 on the docket of 12 Misc. 115; and (2) those cases listed in the schedule attached to item number 468 on the docket of 12 Misc. 115 that were designated as having been added to the "section 502(d)" consolidated briefing. SO ORDERED. (Signed by Judge Jed S. Rakoff on 6/30/2014) (kgo) |
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