Berman et al v. Picard
| Stanley Mervin Berman, Joyce Berman and S&J Partnership |
| Irving H. Picard |
| 1:2011mc00352 |
| September 30, 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 |
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This docket was last retrieved on November 14, 2012. A more recent docket listing may be available from PACER.
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Filing 5
OPINION: 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)
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| Filing 4 NOTICE OF CASE REASSIGNMENT to Judge Thomas P. Griesa. Judge Richard J. Sullivan is no longer assigned to the case. (pgu) |
| Mailed notice re: #4 Notice of Case Assignment/Reassignment to the attorney(s) of record. (pgu) |
| CASE ACCEPTED AS RELATED. Create association to 1:11-mc-00337-TPG. (pgu) |
| Filing 3 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 re: #1 NOTICE OF CROSS MOTION for Leave to Appeal the Memorandum Decision and Order dated August 1, 2011. Bankruptcy Court Case Numbers: Adv. Pro. No. 08-01789 (BRL); Adv. Pro. No. 09-1305 (BRL). (Filing Fee $ 39.00, Receipt Number 1017862) Document filed by Irving H. Picard. (arc) |
| Filing 2 AFFIRMATION SUPPORTING THE re: #1 NOTICE OF CROSS MOTION for Leave to Appeal the Memorandum Decision and Order dated August 1, 2011. Bankruptcy Court Case Numbers: Adv. Pro. No. 08-01789 (BRL); Adv. Pro. No. 09-1305 (BRL). (Filing Fee $ 39.00, Receipt Number 1017862) Document filed by Joyce Berman, Stanley Mervin Berman, S&J Partnership. (arc) |
| Filing 1 NOTICE OF CROSS MOTION for Leave to file an Interlocutory Appeal of the Memorandum Decision and Order Denying Defendants' Motion to Dismiss Trustee's Complaint dated August 1, 2011. Bankruptcy Court Case Numbers: Adv. Pro. No. 08-01789 (BRL); Adv. Pro. No. 09-1305 (BRL). (Filing Fee $ 39.00, Receipt Number 1017862) Document filed by Joyce Berman, Stanley Mervin Berman, S&J Partnership. (Attachments: #1 Exhibit)(arc) |
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