Case law

Betty Owen Schools, Inc. v. United States Department of Education (In Re Betty Owen Schools, Inc.)

195 B.R. 23 · United States Bankruptcy Court, S.D. New York · Apr 24, 1996

Clearly, bankruptcy courts have jurisdiction over property of the debt- or’s estate pursuant to 28 U.S.C. § 157 (b)(2). … The burden is on the moving party to clearly establish the absence of a genuine issue as to any material fact. Celotex, 477 U.S. at 322, 323 , 106 S.Ct. at 2552, 2553 ; Adickes v. S.H.

In re Pinnock

594 B.R. 609 · United States Bankruptcy Court, S.D. New York · Oct 31, 2018

Bank does not qualify as a "holder" under NY U.C.C. § 3-202(1). See Hilton v. U.S. Bank ( In re Hilton ), 544 B.R. 1 , 10-11 (Bankr. … NY U.C.C. § 3-307(2) states that "When signatures are admitted or established, production of the instrument entitles a holder to recover on it unless the defendant establishes a defense."

Rahul Dev Manchanda

United States Bankruptcy Court, S.D. New York · May 12, 2025

The burden to prove a violation of the automatic stay is on the “party seeking to hold another in civil contempt,” and the violation must be established “by clear and convincing evidence.” Levin v. … Zipes that qualifies as improper conduct, but simply reflects the Debtor’s unhappiness that these government attorneys do not agree with the Debtor’s legal and factual arguments.

In Re WorldCom, Inc.

377 B.R. 77 · United States Bankruptcy Court, S.D. New York · Oct 15, 2007

In re Immune Response, 375 F.Supp.2d at 1027 (internal citations omitted). … Clearly, the Ninth Circuit was justified in finding these facts sufficient to establish the plaintiffs knowledge of the allegedly fraudulent conduct upon which he relied.

In re Velichko

473 B.R. 64 · United States Bankruptcy Court, S.D. New York · Jun 12, 2012

In both cases the law clearly requires turnover.... [and t]he duty arises upon the filing of the bankruptcy petition.”). … In that case, the settlement at issue was so ordered by the court after it was placed on the record of a hearing — and clearly established that the creditor had “agreed to relinquish its recoupment rights in exchange for

Barnett v. Jamesway Corp. (In Re Jamesway Corp.)

235 B.R. 329 · United States Bankruptcy Court, S.D. New York · Jun 21, 1999

However, the statute and regulations clearly provide that an employer cannot invoke either exception without giving some written WARN notice. … The Act clearly places the burden on Jamesway to prove its good faith. See 29 U.S.C. § 2104 (a)(4); Aircap, 860 F.Supp. at 315 .

In Re Amanat

321 B.R. 30 · United States Bankruptcy Court, S.D. New York · Jan 19, 2005

Moreover, the Circuit Court put the burden of establishing the existence of a *38 bona fide dispute on the putative debtor and required evidence beyond the testimony of the appellant in the State action to establish the existence … Clearly some order must be imposed on Amanat’s complex and far-flung financial interests. There are undoubtedly actions by a putative debtor that justify dismissal of a bankruptcy case.

Silicon Graphics, Inc. v. Merrill Lynch Trust Co. (In Re Silicon Graphics, Inc.)

363 B.R. 690 · United States Bankruptcy Court, S.D. New York · Feb 13, 2007

The Compensation Plan On July 1, 1994, SGI established a deferred compensation program through a *693 Non-Qualified Deferred Compensation Plan (the “Plan”) for the benefit of certain management employees and members of the … In this case, SGI has provided the plan documents that clearly establish the Plan is covered by ERISA.

AMR Corp. v. Committee of Retired Employees (In re AMR Corp.)

508 B.R. 296 · United States Bankruptcy Court, S.D. New York · Apr 18, 2014

RC Ex. 192 at 77. 29 American’s assumption of such retiree liabilities was clearly important to the transaction. … Based on the record before the Court, the early out retiree agreements appear to qualify as welfare benefit plans under ERISA. .

In Re Axona International Credit & Commerce Ltd.

88 B.R. 597 · United States Bankruptcy Court, S.D. New York · Aug 11, 1988

The Liquidators have duly qualified as such under the Companies Ordinance. E. … The facts of the instant proceeding are clearly distinguishable from those underlying Security Industrial Bank and Radford .

In re Ennia Caribe Holding N.V.

594 B.R. 631 · United States Bankruptcy Court, S.D. New York · Dec 20, 2018

The plain language of the LTV establishes that rehabilitation proceedings pursuant to the Emergency Regulations are collective in nature. … The CBCS, as a national regulatory authority tasked with oversight of the insurance industry, clearly qualifies as an authority competent to control or supervise a foreign proceeding.

In re Carrsow-Franklin

524 B.R. 33 · United States Bankruptcy Court, S.D. New York · Jan 29, 2015

Campbell to be a “qualified witness” under Fed.R.Evid. 803(6)(D), or (ii) to establish, for purposes of Fed.R.Evid. 803(6)(E), that neither the possible source of information in the file nor other circumstances indicate a … That is (and his other testimony clearly corroborated this), Mr.

LTV Corp. v. Pension Benefit Guaranty Corp. (In Re Chateaugay Corp.)

115 B.R. 760 · United States Bankruptcy Court, S.D. New York · May 24, 1990

This policy was clearly articulated by the United States Supreme Court in NLRB v. … Thus, based on its charter, the PBGC is clearly motivated to enhance its claims in these cases as much as possible.

Best Manufacturing, Inc. v. White Plains Coat & Apron Co. (In Re Daniele Laundries, Inc.)

34 B.R. 931 · United States Bankruptcy Court, S.D. New York · Nov 21, 1983

In view of the fact that this is not a Chapter 11 case, clause (C) is clearly inapplicable. … That claim has already been established by the judgment that Best obtained against the debtor.

Picard Ex Rel. Bernard L. Madoff Investment Securities LLC v. Estate of Chais (In Re Bernard L. Madoff Investment Securities LLC)

445 B.R. 206 · United States Bankruptcy Court, S.D. New York · Feb 24, 2011

creditor generally, and prove the existence of an actual, qualifying creditor at trial.”). … It is worth mentioning that the Global Crossing court did not hold that a category of qualifying unsecured creditors must be pled.

In Re Taylor

216 B.R. 366 · United States Bankruptcy Court, S.D. New York · Jan 5, 1998

Among them are actions or proceedings to establish or modify an order for support and to collect support from property that is not part of a debtor’s estate. In re Campbell, 185 B.R. 628, 630 (Bankr. S.D.Fla.1995). … The decision on the record clearly and unambiguously vests part of the retirement accounts in Ms. Taylor.

In Re Lyons

381 B.R. 444 · United States Bankruptcy Court, S.D. New York · Jan 30, 2008

under section 401, 408 or 408A of the United States Internal Revenue Code of 1986, as amended, was established by the debtor or under the auspices of an insider that employed the debtor at the time the debtor’s rights under … Other than suggesting that In re Lynch and In re Orso, supra, “clearly support a finding” that the Annuities are “fully exempt,” the Debtor makes no attempt to argue why those cases would compel such a conclusion under the

Petition of Shavit

197 B.R. 763 · United States Bankruptcy Court, S.D. New York · Jul 10, 1996

R.Bankr.P. 1017(a), which establishes the procedure governing the voluntary dismissal of bankruptcy cases, does not apply. Id. … While I did not issue a formal ruling, the disposition of the matter clearly implied that the Debtors’ motion was denied. 4 .

In Re Pleasant East Associates

286 B.R. 509 · United States Bankruptcy Court, S.D. New York · Apr 22, 2002

It is well established that determinations whether to dismiss or convert are within the discretion of the Court. … Nor is it a problem of sovereign immunity. HUD has disclaimed reliance on that as a defense. See HUD. Supp.

In Re Penn-Dixie Industries, Inc.

18 B.R. 834 · United States Bankruptcy Court, S.D. New York · Mar 12, 1982

The rationale for the change is clearly set forth in the House Report on Section 330 4 : to encourage successful administration of estates by attracting bankruptcy specialists of high quality. … Buteneas, Establishing Attorney’s Fees Under the Bankruptcy Code, 37 Business Lawyer 77 (1981).