(Download) "Baroda Hill Investments, Ltd. v. Telegroup" by Third Circuit U.S. Court Of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Baroda Hill Investments, Ltd. v. Telegroup
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 15, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Argued: October 11, 2001 OPINION OF THE COURT This bankruptcy appeal requires us to construe 11 U.S.C. S 510(b), which provides for the subordination of any claim for damages ""arising from the purchase or sale"" of a security of the debtor. The appeal arises out of a Chapter 11 Bankruptcy petition filed by appellee Telegroup, Inc. Appellants Baroda Hill Investments, Ltd., LeHeron Corporation, Ltd., and Kimble John Winter (""claimants"" or ""appellants"") are shareholders of Telegroup who filed proofs of claim in the bankruptcy proceeding seeking damages for Telegroup's alleged breach of its agreement to use its best efforts to ensure that their stock was registered and freely tradeable. Claimants appeal from an order of the District Court affirming the Bankruptcy Court's order subordinating their claims against the bankruptcy estate pursuant to S 510(b). Claimants argue that S 510(b) should be construed narrowly, so that only claims for actionable conduct--typically some type of fraud or other illegality in the issuance of stock -- that occurred at the time of the purchase or sale of stock would be deemed to arise from that purchase or sale. Put differently, in claimants' submission, a claim must be predicated on illegality in the stock's issuance to be subordinated under S 510(b). Since the actionable conduct in this case (Telegroup's breach of contract) occurred after claimants' purchase of Telegroup's stock, claimants contend that the District Court erred in subordinating their claims.
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