Trust Indenture Act Of 1939

17 Florida cases classified under this topic · sorted by citation count · browse and sort

• Broad v. Rockwell Int'l Corp.
  642 F.2d 929· 5th Cir.· 1981-04-17 ·cited 111×
  The court held that the indenture was ambiguous regarding conversion rights in a cash-out merger, and therefore the case should be remanded for trial to determine the parties' intent.
• Brouk v. Managed Funds
  286 F.2d 901· 8th Cir.· 1961-01-13 ·cited 32×
  The court held that the Investment Company Act of 1940 does not create an implied private right of action for a registered investment company to sue its directors for breach of fiduciary duty or statutory violations, and thus the district court lacked subject matter jurisdiction
• VAN Gemert v. The Boeing Co. (formerly The Boeing Airplane Company)
  590 F.2d 433· 2d Cir.· 1978-12-21 ·cited 26×
  The dissenting judges hold that attorneys' fees cannot be awarded from unclaimed funds for absent class members who did not actively claim benefits, as this would constitute unjust enrichment and violate principles of contract and quasi-contract law.
• In re Equity Funding Corp. OF Am. Sec. Litig. Chem. Bank v. Confino
  603 F.2d 1353· 9th Cir.· 1979-09-12 ·cited 18×
  The court held that the district court did not err in approving a plan of allocation that offset claimants' recovery in a securities settlement by the value of cash and stock received in a related bankruptcy reorganization proceeding.
• First Interstate Bank OF Denver, N.A. v. Pring
  969 F.2d 891· 10th Cir.· 1992-07-08 ·cited 16×
  The court held that a plaintiff need not prove a defendant's actual participation in a primary securities violation to establish controlling person liability under § 20(a), and that silence and inaction can constitute substantial assistance for aider-and-abettor liability if acco
• Cruden v. The Bank OF NEW York
  957 F.2d 961· 2d Cir.· 1992-01-06 ·cited 15×
  The court held that the statute of limitations for claims against Indenture Trustees did not begin to run until the debenture payment default occurred, as no remedy was available to plaintiffs before that time. It also found that the Trustees' reliance on counsel opinions was a v
• Harris Tr. & Sav. Bank v. E-Ii Holdings
  926 F.2d 636· 7th Cir.· 1991-02-21 ·cited 14×
  The court held that it lacked subject matter jurisdiction over most of the complaint because the trustees failed to take a position on the issues, thus failing to establish an actual controversy. The remaining claim for additional information failed to state a cause of action.
• Hunssinger v. Rockford Bus. Credits, Inc.
  745 F.2d 484· 7th Cir.· 1984-10-04 ·cited 10×
  A note bearing a fixed or floating interest rate and a short maturity date is not automatically excluded from the definition of a security under federal securities laws if the transaction otherwise indicates an investment rather than a commercial loan.
• Zeffiro v. First Pa. Banking & Tr. Co.
  623 F.2d 290· 3d Cir.· 1980-05-29 ·cited 10×
  The dissenting judge would hold that no federal cause of action is implied under the Act, disagreeing with the majority's conclusion.
• Mortimer M. Caplin in Reorganization of Webb & Knapp, Inc. v. The Marine Midland Grace Tr. Co. OF NEW York
  439 F.2d 118· 2d Cir.· 1971-03-03 ·cited 8×
  A Chapter X Trustee cannot maintain a plenary suit or counterclaim for damages against an indenture trustee for failure to enforce covenants, as such claims belong to the debenture holders, not the debtor's estate.
• Elliott Assocs. v. J. Henry Schroder Bank & Tr. Co. & Centronics Data Computer Corp.
  838 F.2d 66· 2d Cir.· 1988-02-01 ·cited 7×
  A trustee's duties under an indenture are limited to those expressly provided in the indenture, and absent a conflict of interest, the trustee is not obligated to consider the financial interests of debenture holders beyond those express duties when waiving notice periods.
• Tandy Corp. v. United States
  626 F.2d 1186· 5th Cir.· 1980-09-29 ·cited 6×
  A corporation cannot deduct accrued interest and bond premium on convertible debentures that were converted into stock rather than redeemed for cash, as conversion extinguishes the obligation to pay such amounts.
• In re Evans Prods. Co.
  65 B.R. 870· S.D. Fla.· 1986-10-02 ·cited 4×
  The court held that the appellants lacked standing to challenge most aspects of the reorganization plan, and the bankruptcy court's valuation of the estate was not clearly erroneous.
• In re E.F. Hutton Sw. Props. II, Ltd. v. Union Planters Nat'l Bank
  953 F.2d 963· 5th Cir.· 1992-02-19
  The court held that the indenture trustee was not liable for failing to invest funds because the trust agreement contained a valid exculpatory clause allowing reliance on advice of counsel, and the trustee's duty to invest was at best dubious.
• VAN Gemert v. The Boeing Co.
  520 F.2d 1373· 2d Cir.· 1975-07-14
  The court held that Boeing had an obligation to provide reasonably adequate notice of the debenture redemption, which it failed to fulfill.