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

Second Circuit

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

307 F. App'x 478

CourtCourt of Appeals for the Second Circuit

DecidedDecember 16, 2008

DocketNo. 08-1057-bk

StatusPublished

This text of 307 F. App'x 478 (Lee v. Refco, LLC (In re Refco, LLC)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lee v. Refco, LLC (In re Refco, LLC), 307 F. App'x 478 (2d Cir. 2008).

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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.

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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.

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Bluebook (online)

307 F. App'x 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-refco-llc-in-re-refco-llc-ca2-2008.

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