Madoff, Nortel, WaMu, Deb, Lehman, Allen, Vitro: Bankruptcy
(This report contains items about companies both in bankruptcy and not in bankruptcy. Updates Vitro; adds Madoff, Nortel, Washington Mutual, PJ Finance, Bear Island and Raser in Updates; Lambuth University in New Filings.)
July 5 (Bloomberg) -- U.S. District Judge Jed S. Rakoff sounded as though he might eventually rule that bankruptcy law doesn’t govern that part of the lawsuit where the trustee liquidating Bernard L. Madoff Investment Securities Inc. is seeking to recover $700 million in principal that Fred Wilpon, Sterling Equities Inc., the owners of the New York Mets baseball club, and Wilpon’s friends, family and associates took out of the Ponzi scheme before the fraud surfaced publicly.
At a hearing July 1, Rakoff said he, not the bankruptcy judge, would initially decide if the Wilpon group had a duty to investigate whether the Madoff firm was a fraud. Rakoff said, “It doesn’t seem to me to be self-evident that bankruptcy law sets the duty of inquiry that a customer of a brokerage has.”
“How can it be that the law governing someone’s duty to inquire is determined, not by what the governing laws in place were at the time, but by the happenstance that the entity later went into bankruptcy?” Rakoff asked at another juncture in the hearing.
The Wilpon group argues that federal securities laws govern and give them no duty to investigate whether the broker is a fraud. For Bloomberg coverage of the July 1 hearing in Rakoff’s court, click here.
Rakoff previously ruled it was appropriate for the district court to make initial rulings about dismissal of the trustee’s lawsuits against HSBC Holdings Plc and UniCredit SpA.
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 motion by Wilpon to remove the suit from bankruptcy court is Picard v. Katz, 11-03605, U.S. District Court, Southern District New York.
In bankruptcy court, the liquidation of the Madoff firm is Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities Inc., 08-01789, U.S. Bankruptcy Court, Southern District of New York (Manhattan). The criminal case is U.S. v. Madoff, 09-cr-00213, U.S. District Court, Southern District of New York (Manhattan).
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The Chapter 11 case is In re Nortel Networks Inc., 09- 10138, and the parent's Chapter 15 case is In re Nortel Networks Corp., 09-10164, both in US Bankruptcy Court, District of Delaware (Wilmington). Homebuilder Fulton Homes Corp. and bank lenders
The inventory of homes for sale locally was down slightly to 755. That's fewer than the 763 available in May 2010. Statewide, median home sales prices decreased 2.5 percent to $115000 and the number of closed sales decreased 17.9 percent compared to
“In almost every case, their houses were lost.” By TIMOTHY LOGUE A lengthy state prison sentence was not enough to put Gennaro Rauso on the straight and narrow. On Monday, the former Delaware County resident and owner of a predatory real estate

The sale to Foster Manor LLC comes one year after the school reached an agreement to sell the property to Greenleaf & Co., which planned to use one building for its headquarters and to lease the rest. That deal, announced by Hunt in a news release,
Delaware's legislature, unwavering in its support to protect its smallest citizens, passed the bill unanimously in both houses, clearing the Senate several weeks ago with a vote of 21-0 and the House on Wednesday 41-0. The bill, which bans the sale of
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