Adelphia Recovery Trust v. HSBC Bank USA, National Ass'n

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that if the criteria for claim preclusion are met, “a final judgment on the merits ... precludes the parties or their privies from relitigating issues that were or could have been raised in that action.” (brackets, quotations and citation omitted)
• holding judicial estoppel applicable if party took contrary position in earlier proceeding that was accepted by court
• noting that “state laws governing fraudulent conveyances . . . may be invoked in federal bankruptcy proceedings by operation of 11 U.S.C. § 544(b)(1)”
• finding that a statutory trust created to pursue claims on behalf of certain estate claimants had taken inconsistent positions by failing to reveal to the court and certain creditors the existence of potential fraudulent conveyance claims
• finding representations made on behalf of a debtor “clearly inconsistent” where those claims could not be reconciled with the debtor’s prior representations
• finding debtor’s solicitation of court approval of transactions amounted to res judicata and judicial estoppel precluding 548 cláims

Source: CourtListener parenthetical corpus (CC0).