In re DEPOSIT INSURANCE AGENCY, as Bankruptcy Administrator of Jugobanka A.D., Beograd and Deposit Insurance Agency, as Bankruptcy Administrator of Beogradska Banka A.D., Beograd
Deposit Insurance Agency, as Bankruptcy Administrator of Jugobanka A.D., Beograd and Deposit Insurance Agency, as Bankruptcy Administrator of Beogradska Banka A.D., Beograd, Debtor-Appellee,
v.
Superintendent of Banks of the State of New York, Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued December 1, 2005.
Decided March 29, 2007.
Attorney(s) appearing for the Case
William J. Snipes, New York, N.Y. (Niall D. O'Murchadha, Sullivan & Cromwell LLP, New York, NY, of counsel), for Appellant.
Thomas J. Donlon, Stamford, CT (Christopher J. Major, Alexander D. Pencu, Robinson & Cole LLP, Stamford, CT, of counsel), for Debtor-Appellee.
Thomas C. Baxter, New York, N.Y. (Shari D. Leventhal, Federal Reserve Bank of New York, New York, NY, of counsel), filed a brief for Amicus Curiae Federal Reserve Bank of New York.
Robert J. Lack, Friedman Kaplan Seiler & Adelman LLP, New York, N.Y. (Lawrence R. Uhlick, Executive Director and General Counsel, Institute of International Bankers, New York, NY; Hal Neier, Anne E. Beaumont, Friedman Kaplan Seiler & Adelman LLP, New York, NY, of counsel), filed a brief for Amicus Curiae Institute of International Bankers.
Michael E. Wiles, Debevoise & Plimpton LLP, New York, N.Y. (Norman R. Nelson, General Counsel, The Clearing House Association L.L.C., New York, NY; Troy A. McKenzie, Ethan J. Leib, Debevoise & Plimpton LLP, New York, NY, of counsel), filed a brief on behalf of The Clearing House Association L.L.C. as Amicus Curiae.
Michael S. Feldberg, New York, N.Y. (Daniel P. Cunningham, Scott M. Sullivan, Owen P. Lefkon, Allen & Overy LLP, New York, NY, of counsel), filed a brief for Amici Curiae International Swaps and Derivatives Association, Inc. and the Foreign Exchange Committee.
John Gorman, General Counsel, Conference of State Bank Supervisors, Washington, D.C., filed a brief on behalf of the Conference of State Bank Supervisors and the States of California, Connecticut, Florida, Georgia, Illinois, and Texas as Amici Curiae.
Henry Weisburg, New York, N.Y. (Douglas Landy, Shearman & Sterling LLP, New York, NY; Perry S. Bechky, Shearman & Sterling LLP, Washington, D.C., of counsel), filed a brief for Amicus Curiae Fixed Income Clearing Corporation.
Before CARDAMONE, LEVAL, and SACK, Circuit Judges.
United States Court of Appeals, Second Circuit.
CARDAMONE, Circuit Judge.
The Superintendent of Banks of the State of New York (Superintendent or appellant) has seized $100 million in assets and other property from two failed foreign banks. The foreign bankruptcy administrator of the two banks—a governmental agency of the former State Union of Serbia and Montenegro known as the Deposit Insurance Agency (Agency)—seeks to recover the property, and to that end filed a bankruptcy petition in federal bankruptcy...
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