S.E.C. v. BYERS

Docket Nos. 09-0234-cv (l), 09-0284-cv (CON).

609 F.3d 87 (2010)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. Steven BYERS, Wextrust Capital, LLC, Wextrust Equity Partners, LLC, Wextrust Development Group, LLC, Wextrust Securities, LLC, Axela Hospitality, LLC, Elka Shereshevsky, Defendants, Joseph Shereshevsky, Defendant-Third-Party Plaintiff, International Ad-Hoc Committee of Wextrust Creditors, International Consortium of Wextrust Creditors, Interested Parties-Appellants, Amnon Cohen, Third-Party Defendant, Timothy J. Coleman, Receiver.

United States Court of Appeals, Second Circuit.

Decided: June 15, 2010.


Attorney(s) appearing for the Case

Shalom Jacob (Shmuel Vasser, on the brief), Dechert LLP, New York, N.Y. for International Ad-Hoc Committee of Wextrust Creditors; Martin S. Siegel (Aaron B. Lauchheimer, on the brief), Brown Rudnick LLP, New York, N.Y., for International Consortium of Wextrust Creditors, Interested Parties-Appellants.

David Lisitza, Senior Counsel (David M. Becker, General Counsel, Mark D. Cahn, Deputy General Counsel, Jacob H. Stillman, Solicitor, John W. Avery, Senior Litigation Counsel, Michael J. Berman, Bankruptcy Counsel, on the brief), Securities and Exchange Commission, Washington, D.C., for the Securities and Exchange Commission, Appellee.

Mark S. Radke (Timothy J. Coleman, on the brief) Dewey & LeBoeuf LLP, Washington, D.C., for Timothy J. Coleman, Receiver for the Wextrust Entities and Affiliates, Receiver.

Before POOLER and WESLEY, Circuit Judges, and KEENAN, District Judge.


POOLER, Circuit Judge:

Appellants International Ad-Hoc Committee of Wextrust Creditors and International Consortium of Wextrust Creditors (together, the "Committees") appeal from a December 17, 2008 decision and order of the United States District Court for the Southern District of New York (Denny Chin, Judge), denying their motions to modify an anti-litigation injunction contained in the order placing defendants' assets into receivership. The Committees challenge...

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