IN RE ADELPHIA RECOVERY TRUST

Docket Nos. 09-0799-bk(L), 09-0808-bk(Con), 09-0810-bk(Con).

634 F.3d 678 (2011)

In re ADELPHIA RECOVERY TRUST. Adelphia Recovery Trust, Successor to the Official Committee of Unsecured Creditors of Adelphia Communications Corporation, Defendant-Cross-Claimant-Appellant, v. HSBC Bank USA, National Association, Fleet National Bank, Key Bank National Association, Plaintiffs-Cross-Claimants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 8, 2011.

Amended: February 9, 2011.


Attorney(s) appearing for the Case

David M. Friedman ( Michael C. Harwood , David J. Shapiro , on the brief), Kasowitz Benson Torres & Friedman LLP, New York, NY, for Defendant-Cross-Claimant-Appellant Adelphia Recovery Trust.

William J. Brown ( David J. McNamara , Angela Z. Miller , Joshua P. Fleury , on the brief), Phillips Lytle LLP, Buffalo, NY, for Plaintiff-Cross-Claimant-Appellee HSBC Bank USA, N.A.

Howard B. Levi , Levi Lubarsky & Feigenbaum LLP, New York, NY, for Plaintiff-Cross-Claimant-Appellee Bank of America, N.A., successor by merger to Fleet National Bank.

Alec P. Ostrow ( Jocelyn Keynes , on the brief), Stevens & Lee, P.C., New York, NY, for Plaintiff-Cross-Claimant-Appellee Key Bank, N.A.

Before: B.D. PARKER, HALL, and LYNCH, Circuit Judges.


HALL, Circuit Judge:

This case requires us to decide whether a debtor-in-possession is barred from bringing fraudulent conveyance claims against three banks because it actively participated in and facilitated a sale of the assets of a different debtor-in-possession, to which it was a creditor, while remaining silent about the possibility that it would bring fraudulent conveyance claims with respect to its prior take-outs of loans secured by those assets. The bankruptcy...

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