Opinion

Lee v. Refco, LLC (In re Refco, LLC)

  • 307 F. App'x 478
Court
Court of Appeals for the Second Circuit
Filed
Dec 16, 2008
Status
Published
On the bench
Calabresi, Hon, Livingston, McLaughlin
Cited by
0 cases
Authority
More cited than 10.4%

The opinion

SUMMARY ORDER

The District Court affirmed the Bankruptcy Court’s dismissal of Appellants’ claim on the ground that Appellant’s claim is subject to issue preclusion. The Bankruptcy Court held that the claim was precluded, and in the alternative that Appellant’s claim belongs to a different entity, the LFG Liquidation Trust. We review the Bankruptcy Court decision in this case independently. See Browning v. MCI, Inc. (In re Worldcom, Inc.), 546 F.3d 211, 216 (2d Cir.2008). Assuming arguendo that Appellants are not precluded from raising their claim, we conclude, for substantially the same reasons expressed by the Bankruptcy Court, that the claim belongs to the LFG Liquidation Trust, and therefore Appellants cannot raise the claim here. We have considered all of Appellants’ arguments and have found them to be without merit. Accordingly, the judgment of the District Court is AFFIRMED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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