Case law

Scott v. American Security Insurance Co. (In re Scott)

572 B.R. 492 · United States Bankruptcy Court, S.D. New York · Jun 14, 2017

ASIC argues that the Debtor has not established and cannot establish the existence of a contract between ASIC and the Debtor, and that this lack of contractual privity bars the Debtor’s breach of contract claim. … See Marathon, 458 U.S. at 69 - 70, 102 S.Ct. 2858 ("Our precedents clearly establish that only controversies [involving public rights] may be removed from Art.

MacLeod v. Arcuri (In Re Arcuri)

116 B.R. 873 · United States Bankruptcy Court, S.D. New York · Jun 30, 1990

Although his college major was biology, in 1981 he became a securities salesperson after taking several qualifying exams. Id. at 18-19, 72 . … A false valuation of an asset is clearly within the purview of Code § 727(a)(4)(A).

Krakowski v. Am. Airlines, Inc. (In re Amr Corp.)

598 B.R. 365 · United States Bankruptcy Court, S.D. New York · Mar 8, 2019

. § 153 , First (q) (establishing a two-year period for challenging grievance arbitration awards), with 45 U.S.C. § 159 , Second (establishing 10-day period for challenging interest arbitration awards). … But the Plaintiffs' own Complaint clearly states that the emails discussed both Mr.

Rupert v. Krautheimer (In Re Krautheimer)

241 B.R. 330 · United States Bankruptcy Court, S.D. New York · Nov 17, 1999

Such a showing would qualify a defendant-employee as a “third party” capable of tortious interference with contract. Finley, 79 F.3d at 1295 . … “While this immunity is not absolute, the privilege protects officers and directors who act within the scope of their authority.” Id.

Pinsker v. Borders, Inc. (In re BGI, Inc.)

465 B.R. 365 · United States Bankruptcy Court, S.D. New York · Feb 17, 2012

The commonality requirement is clearly met in this case. … The Class Members may find it difficult to establish liability because they must both (i) establish that all of the elements of a WARN Act claim are met, and (ii) overcome the Debtors’ affirmative defenses.

In Re Sasson Jeans, Inc.

80 B.R. 289 · United States Bankruptcy Court, S.D. New York · Dec 2, 1987

Bergenfield, the duly appointed and qualified Chapter 11 Trustee (the “Trustee”) of Sasson Jeans, Inc. … Bergenfield has qualified and is presently acting as Chapter 11 Trustee for Sasson. 7.

In Re Sasson Jeans, Inc.

83 B.R. 206 · United States Bankruptcy Court, S.D. New York · May 13, 1988

Bergenfield, the duly appointed and qualified Chapter 11 Trustee (the “Trustee”) of Sasson Jeans, Inc. … The Trustee is clearly by Order of this Court abandoned property which has been the subject of the sale and further disposition. MR.

In re Motors Liquidation Co.

576 B.R. 313 · United States Bankruptcy Court, S.D. New York · Aug 31, 2017

. # 13177) holding, among other things, that the Sale Order and Injunction would be modified because Ignition Switch Plaintiffs 3 (but not other plaintiffs, such as Reichwaldt) established a due process violation in connection … But the December 2016 OSC clearly identified the availability of punitive damages as a 2016 Threshold Issue.

In Re York Furniture Co., Inc.

32 B.R. 211 · United States Bankruptcy Court, S.D. New York · Aug 8, 1983

If York intended to be something other than a co-venturer at a later point, it has failed clearly to impress this change in position upon the Court, as was its burden to do. See, e.g., White v. … Benjamin, 138 N.Y. 623 , 624, 33 N.E. 1037, 1038 (1893) (proponent of usury defense “must establish it by clear and satisfactory evidence.”); Crawford v.

Varble v. Chase (In Re Chase)

372 B.R. 133 · United States Bankruptcy Court, S.D. New York · May 18, 2007

The plaintiff must also establish justifiable reliance. … Indeed, courts have routinely held that legal services incurred in connection with a divorce proceeding do not qualify as “luxury ... services” within meaning of § 523(a)(2)(C)©. See, e.g., Shah v.

In Re Lines

81 B.R. 267 · United States Bankruptcy Court, S.D. New York · Jan 15, 1988

Ill RCA’s assertion that River Plate cannot qualify as a debtor under § 109(b) is plainly without merit. In re Gee, 53 B.R. 891, 899-900 (Bankr.S.D.N.Y.1985). … At this stage, moreover, it clearly appears that such a course is likely the most appropriate way to provide for a just determination of these matters. See Cornfeld v.

In re Dewey & LeBoeuf LLP

478 B.R. 627 · United States Bankruptcy Court, S.D. New York · Oct 9, 2012

The Debtor argues that the computation of its unfunded benefit liabilities requires a complex calculation that necessitates actuarial experts qualified to apply mortality tables, discount rates, and valuations teeh-ñiques … However, the evidence establishes that Mitchell, Pauker and Togut acted independently and in the best interests of the estate in negotiating the PCPs.

Baron v. Klutchko (In Re Klutchko)

338 B.R. 554 · United States Bankruptcy Court, S.D. New York · Oct 11, 2005

First, it clearly was misleading. … *571 Nominally, of course, Sun River’s rights are not BSK’s rights, suggesting that the D & T Contract and the payments under it do not qualify for purposes of sections 727(a)(2)(A) or (B).

In Re Ionosphere Clubs, Inc.

101 B.R. 844 · United States Bankruptcy Court, S.D. New York · Jul 6, 1989

Therefore, the need for a “Legal Representative” in the case sub judice for these known claimants is clearly less compelling than in Manville. … This is clearly not in compliance with the goals of Agency, nor is it in compliance with Bankruptcy Rule 2019.

In Re CCT Communications, Inc.

420 B.R. 160 · United States Bankruptcy Court, S.D. New York · Nov 25, 2009

CCT clearly fell within the definition of a small business debtor, and Vla-hos should have checked the other box. … CCT is now taking a position that it is not a small business debtor, and this is clearly inconsistent with its earlier position.

Ion Media Networks, Inc. v. Cyrus Select Opportunities Master Fund, Ltd. (In Re Ion Media Networks, Inc.)

419 B.R. 585 · United States Bankruptcy Court, S.D. New York · Nov 24, 2009

Cyrus submits that the licenses are properly immune from being legitimately encumbered due to their special character as a federally sanctioned and regulated right to use the airwaves in the public interest. … Other courts that have confronted this issue have validated the grant of qualified rights in FCC Licenses. See Urban Communicators PCS Ltd. P'ship v.

In Re WorldCom, Inc.

311 B.R. 151 · United States Bankruptcy Court, S.D. New York · Jun 30, 2004

January 23, 2003 was the Bar Date established by the Court for these cases. … There is no basis for the standing issue: the States were clearly creditors and had actively participated in these cases.

In Re Chemtura Corporation

443 B.R. 601 · United States Bankruptcy Court, S.D. New York · Jan 13, 2011

When they acknowledged that, the Debtors did not flesh out what they meant by that, or what kinds of past payments they would agree then qualify. … Plainly, however, I will not find on motion (and in the absence of an evi-dentiary hearing) that sums already paid by claimants in this case to such trusts or funds fail to qualify as sums paid in the past.

Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities, LLC. et a

United States Bankruptcy Court, S.D. New York · Aug 17, 2022

The Defendant objects to the Court’s subject matter jurisdiction, arguing that it is immune from liability under the Foreign Sovereign Immunities Act (the “FSIA”). Mot. to Dismiss, ECF No. 118. … The Defendant is presumptively immune from the jurisdiction of this Court.

In Re Neptune World Wide Moving, Inc.

99 B.R. 584 · United States Bankruptcy Court, S.D. New York · May 11, 1989

Clearly, these rights could not be conferred upon Schneider without the consent of the debtor to whom all moves must be reported by Schneider prior to the move taking place. … Although the Agency Agreement refers to Schneider as an “independent contractor” this language is qualified to the extent Schneider was permitted to act as an independent contractor only to the extent authorized by the agreement