Case law

In Re Pittston Stevedoring Corp.

40 B.R. 424 · United States Bankruptcy Court, S.D. New York · May 24, 1984

The burden of establishing a right to preferential treatment under the statute as drawn rests upon the claimant.” Id. at 469. That court also stated that the term wages “should be used in its lay and colloquial meaning. … CONCLUSION This Court concludes based upon the foregoing analysis that the debt owed to the FBEF by Pittston does not qualify as a priority claim under Section 507 of the Code.

In re Eppolito

583 B.R. 822 · United States Bankruptcy Court, S.D. New York · Jan 23, 2018

order was not complied with, and (3) find that the alleged contemnor has not clearly established his inability to comply with the terms of the order."); In re Nassoko , 405 B.R. 515 , 520 (Bankr. … completion of the Debtor's bankruptcy case and continuing default on mortgage payments and insurance and real estate taxes, the parties engaged in loss mitigation discussions. 1 Given the arrearage and in order for the Debtor to qualify

In Re Penn-Dixie Industries, Inc.

32 B.R. 173 · United States Bankruptcy Court, S.D. New York · Jul 28, 1983

To do so would clearly prejudice Continental and the other interested parties to the reorganization. … Any argument that this Court does not have the jurisdiction to apply Section 507(a)(6) would be clearly spurious.

In Re Loral Space and Communications Ltd.

313 B.R. 577 · United States Bankruptcy Court, S.D. New York · Sep 2, 2004

The Ad Hoc Committee’s motion clearly fails the “in the interests of the estate” test of section 1104(c)(1) of the Bankruptcy Code. … Some courts have reconciled the “mandatory” nature of section 1104(c)(2) of the Bankruptcy Code with the clearly discretionary role that the statute requires the *587 court to play by positing that it may be appropriate in

Ross-Viking Merchandise Corp. v. American Cyanamid Co. (In Re Ross-Viking Merchandise Corp.)

151 B.R. 71 · United States Bankruptcy Court, S.D. New York · Feb 26, 1993

Of this amount, $500.00 was incurred post-petition and is clearly not subject to any setoff. … Only prepetition mutual debts qualify for setoff under 11 U.S.C. § 553 (a). SETTLE ORDER ON NOTICE IN ACCORDANCE WITH THE FOREGOING. 1 . § 553. Setoff.

Motors Liquidation Company

United States Bankruptcy Court, S.D. New York · Oct 14, 2025

Foster, 407 U.S. 225, 237 (1972) (“[A] federal law need not expressly authorize an injunction of a state court proceeding in order to qualify as an exception.”). … To pass the bankruptcy gate, a complaint must clearly allege that its causes of action are based solely on New GM’s post- closing wrongful conduct.

In Re Enron Corp.

328 B.R. 75 · United States Bankruptcy Court, S.D. New York · Aug 5, 2005

Federal Power Commission concluded that the NGA did not contain a provision to immunize the carriers involved in the mergers from the Clayton Act. 369 U.S. at 485 , 82 S.Ct. 901 . … That result does not comport with the underlying theory or the regulatory structure established by the FPA.” Id.

McHale v. Boulder Capital LLC (In Re 1031 Tax Group, LLC)

439 B.R. 47 · United States Bankruptcy Court, S.D. New York · Aug 27, 2010

Faced with these well established principles, Boulder argues that they do not attempt to enforce or impose a trust, as is clearly prohibited by law. … Boulder apparently believes that it can establish the existence of countless express trusts without asserting the rights of the beneficiaries. This clearly is not the case.

Enron Corp. v. Avenue Special Situations Fund II, LP (In Re Enron Corp.)

340 B.R. 180 · United States Bankruptcy Court, S.D. New York · Mar 31, 2006

The Court has found that the Defendants cannot establish all three elements to qualify for the “good faith” defense. … However, Collier on Bankruptcy clearly states Section 502(d) is drawn from [sjection 57g of the 1898 Bankruptcy Act....

Sassower v. Starr (In re Sassower)

338 B.R. 212 · United States Bankruptcy Court, S.D. New York · Jan 10, 2006

The New York courts found that their various claims were precluded under principles of res judicata, as well as doctrines of qualified and absolute immunity protecting public officials and judicial officers, and such orders … Section 152(a)(1) of Title 28 states that bankruptcy judges “shall serve as judicial officers of the United States District Court established under Article III of the Constitution.”

In Re Atlantic Computer Systems Inc.

135 B.R. 463 · United States Bankruptcy Court, S.D. New York · Jan 13, 1992

A lease clearly falls within this definition. As stated by the court in Dubay v. … The court held that this interest prevented the holder from qualifying as a proper bailee.

In Re Hyde

222 B.R. 214 · United States Bankruptcy Court, S.D. New York · Jun 16, 1998

From the beginning it lacked an easily identifiable rationale; in 1789, the words of the Clause were more a slogan than a clearly defined legal rule, and in the preceding four centuries the slogan had stood for at least four … from summons in the hands of the client and retained that immunity in the hands of the attorney.”

In re Republic Airways Holdings Inc.

573 B.R. 84 · United States Bankruptcy Court, S.D. New York · Aug 28, 2017

As this deadline was clearly set forth in the Rejection Order, Republic’s reliance on this bar date does not rise to the level of unfairness. … Not surprisingly, JMI fails to satisfy the four-part test to qualify the Rejection Mo *91 tion as an informal proof of claim. See In re Dumain, 492 B.R. at 149.

In re Ocean Rig UDW Inc.

570 B.R. 687 · United States Bankruptcy Court, S.D. New York · Aug 24, 2017

UDW also maintains a “law 89 establishment” in Greece. … Thus, the Foreign Debtors’ COMI was clearly the Cayman Islands before and on the Petition Date. (See also Appell Decl. ¶ 31.)

Gowan v. Patriot Group, LLC (In Re Dreier LLP)

452 B.R. 391 · United States Bankruptcy Court, S.D. New York · Jun 16, 2011

Case law clearly establishes that if a recipient of funds is not prohibited from using the funds as his own and is not prohibited from commingling the funds with his own monies, a debtor-creditor relationship exists, not … Although some defenses may be appropriately considered at the motion to dismiss stage, including defenses based on the statute of limitations or qualified immunity, such is not the case here.

Kurtzman v. National Union Fire Insurance (In Re J.T. Moran Financial Corp.)

147 B.R. 335 · United States Bankruptcy Court, S.D. New York · Nov 12, 1992

The complaint clearly charges Goldberg with violating established company policy and breaching his fiduciary duty by trading for his own account for the purpose of making money without covering his open trading accounts. … If Goldberg’s proscribed securities transactions did qualify as dishonest or fraudulent acts within the meaning of the Bond (which they do not), the transactions of November 15 and 16, 1989 would not be covered by the bond

McGovern v. Capparelli (In Re Capparelli)

33 B.R. 360 · United States Bankruptcy Court, S.D. New York · Oct 5, 1983

The legislative history of the Bankruptcy Code reflects that Congress clearly intended to provide a standard of intentional and deliberate conduct, not merely reckless conduct, in promulgating Section 523(a)(6). … The debtor’s actions herein most assuredly qualify as a bold, deliberate, intentional injury committed without any justification.

In Re Board of Directors of Hopewell International Insurance

238 B.R. 25 · United States Bankruptcy Court, S.D. New York · Aug 19, 1999

As a result, the court held the Zambian voluntary winding-up qualified as a foreign proceeding under the Bankruptcy Code. … Judge Cristol likened the petitioners in Kingscroft to debtors in possession and qualified them as foreign representatives. See id.

In Re Finley, Kumble, Wagner, Heine

160 B.R. 882 · United States Bankruptcy Court, S.D. New York · Oct 29, 1993

Each plan sponsor must establish and maintain a ledger account, known as a funding standard account, containing funds sufficient to satisfy the minimum funding standard. … Clearly, Debtor created its Pension Plan prepetition in consideration of its employees’ labor.

In re Aegean Marine Petroleum Network Inc.

599 B.R. 717 · United States Bankruptcy Court, S.D. New York · Apr 8, 2019

To some extent, these exculpation provisions are based on the theory that court-supervised fiduciaries are entitled to qualified immunity for their actions. … The need for a formal service of process is a well-established prerequisite to the exercise of jurisdiction. See Hansberry v. Lee , 311 U.S. 32 , 61 S.Ct. 115 , 85 L.Ed. 22 (1940).