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Lombard-Wall Inc. v. Dobbin & Co. (In re Lombard-Wall Inc.)

Citations: 39 B.R. 958; 10 Collier Bankr. Cas. 2d 1201; 1984 Bankr. LEXIS 5440Docket: Bankruptcy No. 82 B 11556 (EJR); Adv. No. 83-6108A

Court: District Court, S.D. New York; June 21, 1984; Federal District Court

Narrative Opinion Summary

This case involves a Chapter 11 bankruptcy proceeding initiated by Lombard-Wall, a company engaged in trading government-guaranteed obligations, with Bankers Trust serving as its clearing agent. Following a court-ordered turnover of securities worth approximately $225 million to Lombard-Wall, Bankers Trust appealed and counterclaimed for debts and expenses. A negotiated settlement was reached, resulting in a general release of claims by Lombard-Wall against Bankers Trust and its affiliates, excluding six specified claims. Subsequently, Lombard-Wall filed a lawsuit against Dobbin, a partnership of Bankers Trust officers, for alleged unlawful conversion of certificates. Dobbin sought dismissal, asserting the release covered all claims. The court examined whether the release included Dobbin. Since Dobbin was identified as an agent of Bankers Trust, the court concluded that the release unambiguously encompassed claims against Dobbin, warranting summary judgment and dismissal of the lawsuit under Bankruptcy Rule 7056. The release's language was decisive, and the reserved exceptions did not include the claims against Dobbin, leading to the dismissal of Lombard-Wall's action.

Legal Issues Addressed

Interpretation of General Release in Settlement Agreements

Application: The court found that the language of the release was clear in its intent to waive all claims against Bankers Trust and its affiliates, including Dobbin, as an agent of Bankers Trust.

Reasoning: The release explicitly states that Bankers Trust and its subsidiaries, affiliates, agents, directors, and employees are released from any claims. Since Dobbin is identified as an agent of Bankers Trust, he falls under this release.

Scope of Exceptions in Release Agreements

Application: The court determined that the specific reservation of six claims in the release did not include the current claim against Dobbin, thus not affecting the scope of the release.

Reasoning: The specific reservation of six claims mentioned in the release does not include the current claim against Dobbin.

Summary Judgment under Bankruptcy Rule 7056

Application: The court treated Dobbin's motion to dismiss as a motion for summary judgment, concluding that the release signed by Lombard-Wall was unambiguous and encompassed all claims against Bankers Trust and its agents.

Reasoning: The court has decided to treat Dobbin's Rule 12(b)(6) motion as a summary judgment motion. As the contract is unambiguous, the court finds that summary judgment is warranted, leading to the dismissal of Lombard-Wall's action against Dobbin under Bankruptcy Rule 7056.