Mishkin v. Siclari (In Re Adler, Coleman Clearing Corp.)

How courts have described this case

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

• noting the “[t]est for equitable subordination is applicable whether the claim to be subordinated is that of an insider or a non-insider.”
• equitably subordinating the “customer claim” filed pursuant to SIPA against a securities clearing firm because the customer was the “knowing” beneficiary of fraud and other illegal conduct that led to the firm’s failure
• “[I]t is well- established in the Second Circuit that a customer bears the burden of proving that he or she is a ‘customer’ under SIPA” and “must establish his entitlement to that status.”

Source: CourtListener parenthetical corpus (CC0).