Cohmad Securities Corporation et al v. Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Investment Securities, LLC
| Marcia B. Cohn, Cohmad Securities Corporation and Maurice J. Cohn |
| Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Investment Securities, LLC |
| 1:2011mc00337 |
| September 21, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Thomas P Griesa |
| Other |
| M 47 Bankruptcy Cases - Before Appeal Filed |
Docket Report
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Filing 8
OPINION: #102583 These are three related motions for leave to appeal an August 1, 2011 order of the United States Bankruptcy Court for the Southern District of New York. The underlying action is a proceeding by Irving Picard, trustee for the substantively consolidated Securities Investor Protection Act ("SIPA") liquidation of Benard L. Madoff Investment Securities LLC ("BLMIS") and Bernard L. Madoff ("Madoff'), seeking to recover various sums transferred to the defendants by BLMIS. Cohmad Securities Corporation and various individual defendants filed the first motion and the Jalon and Berman motions are joinders in the Cohmad motion. The issue for appeal is whether the Bankruptcy Court erred by failing to apply Federal Rule of Civil Procedure 9(b) to claims for constructive fraudulent transfer under New York law and the United States Bankruptcy Code, where such claims are based on allegations of fraud. For the foregoing reasons, the motions are denied. (Signed by Judge Thomas P. Griesa on 11/14/2012) (ft) Modified on 11/20/2012 (jab).
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| Filing 7 AFFIDAVIT OF SERVICE served on Irving H. Picard, Trustee for Liquidation of Bernard L. Madoff Investment Securities LLC on September 23, 2011. Document filed by Cohmad Securities Corporation, Marcia B. Cohn, Maurice J. Cohn. (Paradise, Steven) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cohmad Securities Corporation, Marcia B. Cohn, Maurice J. Cohn.(Paradise, Steven) |
| Filing 5 REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF DEFENDANTS COHMAD SECURITIES CORPORATION, MAURICE J. COHN AND MARCIA B. COHN'S MOTION FOR LEAVE TO APPEAL THE AUGUST 1, 2011 MEMORANDUM DECISION DENYING DEFENDANTS' PARTIAL MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT. Document filed by Cohmad Securities Corporation, Marcia B. Cohn, Maurice J. Cohn. (arc) (Additional attachment(s) added on 9/23/2011: #1 Exhibit) (arc). |
| Filing 4 TRUSTEE'S MEMORANDUM OF LAW IN OPPOSITION TO MOTION OF DEFENDANTS COHMAD SECURITIES CORPORATION, MAURICE J. COHN, MARCIA B. COHN, CYRIL JALON, THE ESTATE OF ELENA JALON, THE JOINT TENANCY OF PHYLLIS GUENZBURGER AND FABIAN GUENZBURGER, THE JOINT TENANCY OF ROBERT PINCHOU AND FABIAN GUENZBURGER, RICHARD SPRING, THE SPRING FAMILY TRUST, AND THE JEANNE T. SPRING TRUST, AND THE CROSS MOTION OF DEFENDANTS JOYCE BERMAN, STANLEY MERVIN BERMAN AND S & J PARTNERSHIP FOR LEAVE TO APPEAL. Document filed by Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Investment Securities, LLC. (arc) (arc). |
| Filing 3 DECLARATION OF STEVEN PARADISE IN SUPPORT OF DEFENDANTS COHMAD SECURITIES CORPORATION, MAURICE J. COHN AND MARCIA B. COHN FOR LEAVE TO APPEAL THE AUGUST 1, 2011 MEMORANDUM DECISION DENYING DEFENDANTS' PARTIAL MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT. Document filed by Cohmad Securities Corporation, Marcia B. Cohn, Maurice J. Cohn. (arc) (Additional attachment(s) added on 9/23/2011: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (arc). |
| Filing 2 MEMORANDUM OF LAW in Support of Defendants Cohmad Securities Corporation, Maurice J. Cohn and Marcia B. Cohn's Motion for Leave to Appeal the August 1, 2011 Memorandum Decision Denying Defendants' Partial Motion to Dismiss Plaintiff's Amended Complaint. Document filed by Cohmad Securities Corporation, Marcia B. Cohn, Maurice J. Cohn. (arc) (arc). |
| Filing 1 NOTICE OF MOTION OF DEFENDANTS COHMAD SECURITIES CORPORATION, MAURICE J. COHN AND MARCIA B. COHN FOR LEAVE TO APPEAL THE AUGUST 1, 2011 MEMORANDUM DECISION DENYING DEFENDANTS' PARTIAL MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT: Pursuant to 28 U.S.C. 158(a)(3) and Rules 8001(b) and 8003 of the Federal Rules of Bankruptcy Procedure for leave to appeal the August 1, 2011 Memorandum Decision and Order of the United States Bankruptcy Court for the Southern District of New York denying the Cohmad Defendants' Partial Motion to Dismiss the Amended Complaint. Bankruptcy Court Case Numbers: No. 08-01789 (BRL). (Filing Fee $ 39.00, Receipt Number 1017053) Document filed by Cohmad Securities Corporation, Marcia B. Cohn, Maurice J. Cohn.(arc) (Additional attachment(s) added on 9/23/2011: #1 Exhibit) (arc). |
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