Case law

In Re Perry H. Koplik & Sons, Inc.

357 B.R. 231 · United States Bankruptcy Court, S.D. New York · Oct 23, 2006

It is sufficient, for purposes of this determination, for the Court to say that Bank Mandiri plainly has not established a basis for dismissal on comity grounds on motion. … Understandably, Bank Mandiri does not contend that it is immune from jurisdiction here.

HSBC Bank USA v. Fane (In Re MF Global Inc.)

466 B.R. 244 · United States Bankruptcy Court, S.D. New York · Mar 7, 2012

BACKGROUND On January 23, 2012, this Court issued an order establishing a process by which former MF Global, Inc. … In light of the stipulated facts, the Settlement Agreement clearly falls within the range of reasonableness described in In re W.T. Grant, Co., 699 F.2d 599 and complies with the Iridium, factors, as applica *251 ble.

Enron Creditors Recovery Corp. v. J.P. Morgan Securities, Inc. (In Re Enron Creditors Recovery Corp.)

407 B.R. 17 · United States Bankruptcy Court, S.D. New York · Jun 29, 2009

See e.g., Coral, 797 F.2d at 1361 (noting that, although establishing the intent of the third-party lender is one way to prove lack of control, it is not the only way). … Moreover, not every transaction would have to establish its "commonness,” as that would undermine the purpose of the safe harbor.

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).

Geltzer v. Mooney (In Re MacMenamin's Grill Ltd.)

450 B.R. 414 · United States Bankruptcy Court, S.D. New York · Apr 21, 2011

Jackson’s first and fifth factors clearly would not apply to the transactions involved in this proceeding, whose avoidance would have little to no impact on a securities market, and the movants have not established that Jackson … Tissue court’s endorsement of the Jackson factors was dicta because the court found that the transfer at issue would qualify as an intentional fraudulent transfer under section 548(a)(1) of the Bankruptcy Code. 351 F.Supp

In Re Food Management Group, LLC

359 B.R. 543 · United States Bankruptcy Court, S.D. New York · Feb 13, 2007

Therefore, the appellants did not qualify for protection and the report was filed publicly. … Rattet Has Not Established That the Allegations Are Untrue Rattet has not established that the allegations directed against it in the adversary complaint are untrue.

Child World, Inc. v. Service Merchandise Co. (In Re Child World, Inc.)

173 B.R. 473 · United States Bankruptcy Court, S.D. New York · Nov 2, 1994

The burden rests on the moving party to clearly establish the absence of a genuine issue as to any material fact. Celótex, 477 U.S. at 322-23, 106 S.Ct. at 2552-53; Adickes v. S.H. … (In re Coco), 67 B.R. 365 (Bankr.S.D.N.Y.1986) If the debtor puts forth sufficient proof to establish a prima facie preference, the burden shifts and the creditor is given the opportunity to establish by a preponderance of

Matter of Lincoln Plaza Towers Associates

6 B.R. 808 · United States Bankruptcy Court, S.D. New York · Oct 24, 1980

A status established in a manner which becomes proscribed is not lost by the mere fact of its proscription. … established “in connection with” a case “commenced” under the 1898 Act, the 1978 Reform Act provisions cannot be made applicable to affect those rights.

Doe v. Educational Credit Management Corp. (In Re Doe)

325 B.R. 69 · United States Bankruptcy Court, S.D. New York · Mar 31, 2005

It is therefore particularly pertinent that the Debtor here established that her mother qualifies as a legal dependent as defined by the IRS and that the Debtor has in fact taken her mother as a dependent on her tax returns … Congress clearly intended to “make the discharge of student loans more difficult than that of other nonexcepted debt.” Brunner 831 F.2d at 396 . However, Congress did not deny all recourse to a debtor.

In Re Haynes

283 B.R. 147 · United States Bankruptcy Court, S.D. New York · Sep 19, 2002

The prerequisites detailed in the prior section clearly require that the entry be made under a claim of right pursuant to colorable title. … Namely, the Debtor failed to establish that she possessed the requisite hostility. 2. Even if the Debtor had gained ownership by way of adverse possession the result would be the same.

In Re Thomson McKinnon Securities Inc.

125 B.R. 88 · United States Bankruptcy Court, S.D. New York · Mar 7, 1991

An entity that has a claim against a debtor qualifies as a creditor, as defined under 11 U.S.C. § 101 (9)(A). … The State Abandoned Property Law must give way to the distribution scheme established under the federal bankruptcy laws.

Feltman v. Kossoff & Kossoff LLP (In re TS Emp't, Inc.)

603 B.R. 700 · United States Bankruptcy Court, S.D. New York · Jul 10, 2019

Exercising decision making authority over the Debtor concerning financial matters clearly qualifies for insider-status according to the standard followed by this Court. … It is a well-established principle that "an employee's title alone will not dictate their status as an insider for Wagoner purposes." In re PHS , 581 B.R. at 32 ; see also In re Glob.

In Re Ames Department Stores, Inc.

121 B.R. 160 · United States Bankruptcy Court, S.D. New York · Nov 13, 1990

(In practice, the presence of the qualifier "substantially” has enabled trustees to ignore the use clause of the leases. … This legislative history clearly shows that Congress intended Section 365(b)(3) to preserve a landlord’s bargained-for protections expressed in the terms of the lease and related agreements.

In Re Lynch

321 B.R. 114 · United States Bankruptcy Court, S.D. New York · Feb 10, 2005

The Court noted that had the debtor accepted the total fees at the time when the contract was formed, paid taxes on the income and then purchased the annuity policy with the remainder, the payments would clearly be exempt … In Stahlman, the Court found that notwithstanding the fact that the annuity emanated from a structured settlement of a personal injury award, it nevertheless qualified as an annuity with the meaning of section 3212 of the

In Re Enron Creditors Recovery Corp.

370 B.R. 64 · United States Bankruptcy Court, S.D. New York · May 29, 2007

It is well-established that if an agreement is a subordination agreement, it must be enforced according to its terms. … Chase maintains that EFP is not a Subsidiary under this definition because only a corporation qualifies as a Subsidiary. As EFP is a limited liability company, Chase contends that EFP does not qualify.

In Re Onyx Telecommunications, Ltd.

60 B.R. 492 · United States Bankruptcy Court, S.D. New York · Dec 17, 1985

The Debtor would have this court reject the factual allegations about Samhwa’s claim as clearly unjustifiable as a matter of law. … In the 1984 amendments Congress further qualified the type of claim a petitioner must hold in order to commence an involuntary pétition.

In Re Hanover Square Securities

55 B.R. 235 · United States Bankruptcy Court, S.D. New York · Nov 22, 1985

To qualify as a customer, the claimant must establish that his claim arises 1) on account of securities received, acquired, or held by the debtor in the ordinary course of its business as a broker or dealer; 2) from or for … And in Ambassador Church trading activities were clearly involved. *241 As to the third element, the bonds were not delivered for any purpose contemplated under SIPA.

In re Old Carco LLC

593 B.R. 182 · United States Bankruptcy Court, S.D. New York · Nov 1, 2018

To establish liability under the AEMLD, the plaintiff must establish that: he suffered injury or damage[ ] to himself or his property by one who sells a product in a defective condition unreasonably dangerous to the plaintiff … The Court distinguished Painter on the basis that Painter was dealing with the question of the TVA's sovereign immunity rather than a private insurance contract, and waivers of sovereign immunity must be unequivocally expressed

In Re Deguevara

323 B.R. 111 · United States Bankruptcy Court, S.D. New York · Mar 31, 2005

It is therefore particularly pertinent that the Debtor here established that her mother qualifies as a legal dependent as defined by the IRS and that the Debtor has in fact taken her mother as a dependent on her tax returns … Based on the foregoing, the Debtor has established that her mother would be a dependent under the IRS definition.

In Re Adler Coleman Clearing Corp.

204 B.R. 111 · United States Bankruptcy Court, S.D. New York · Jan 7, 1997

A person whose claim against the debtor qualifies as a “customer claim” receives preferential treatment in the distribution of assets from the debtor’s estate. … established for the purpose of satisfying creditors’ claims).