Case law

Vinci v. Town of Carmel (In Re Vinci)

108 B.R. 439 · United States Bankruptcy Court, S.D. New York · Dec 19, 1989

Accordingly, the causes of action asserted in the plaintiffs’ complaint do not qualify as a core proceeding under 28 U.S.C. § 157 (b). … Additionally, the defendants’ motion for an order establishing their lien claims will also be denied, pending evidentiary proof to support these factual issues.

Berkelhammer v. Novella (In Re Berkelhammer)

279 B.R. 660 · United States Bankruptcy Court, S.D. New York · Jun 13, 2002

Sovereign Immunity and Ex parte Young While the United States Supreme Court has in recent years clarified the expansive scope of the states’ sovereign immunity, it has continued also to recognize the validity of the Ex parte … No. 595, 95th Cong., 1st Sess. (1977) at 125, U.S.Code Cong. & Admin.News 1978, pp. 5963, 6086, and in light of that purpose the House and Senate Reports “clearly indicate that Congress intended that the section [525] not

Official Committee of Unsecured Creditors of 360networks (USA) Inc. v. Public Utilities Commission of California (In Re 360networks (USA) Inc.)

316 B.R. 797 · United States Bankruptcy Court, S.D. New York · Nov 10, 2004

founders’ concept of States’ immunity. … To establish ... uniform Laws on the subject of Bankruptcies throughout the United States.” U.S. Const. Art I. § 8 cl. 4. 5 . It also cited California v.

Official Committee of Unsecured Creditors of Operation Open City, Inc. v. New York State Department of State (In Re Operation Open City, Inc.)

148 B.R. 184 · United States Bankruptcy Court, S.D. New York · Dec 30, 1992

The State has not suffered any hardship in responding to the summary judgment motions, as an examination of the record reveals that there are no material facts in dispute 3 and the following discussion clearly illustrates … Given the following discussion, this Court need not consider whether a setoff, such as that which occurred in Town & Country and in the instant case, establishes an informal proof of claim which waives a State's immunity

In Re Robert Landau Associates, Inc.

50 B.R. 670 · United States Bankruptcy Court, S.D. New York · Jul 2, 1985

Unger had been granted immunity from prosecution. … Whereas the immunity could have been inferred from the statement that Mr.

Matter of Schatz Federal Bearings Co., Inc.

5 B.R. 543 · United States Bankruptcy Court, S.D. New York · Jul 29, 1980

The plan was established by the debtor as the plan sponsor, within the meaning of § 3(16)(B), ERISA, 29 U.S.C. § 1002 (16)(B). … The individual plaintiffs are clearly entitled to sue under 29 U.S.C. § 1132 (a)(1), (3), (4). Had Congress intended to confer the right to sue on an employee organization it would have said so.

In Re Secured Equipment Trust of Eastern Air Lines, Inc.

153 B.R. 409 · United States Bankruptcy Court, S.D. New York · Apr 16, 1993

See In re Westchester County Civil Serv., 111 B.R. at 456 (trust established to administer employee benefit plan did not qualify as business trust); In re Cahill, 15 B.R. 639, 640 (Bankr.E.D.Pa.1981) (trust established to … The Collateral Trustee is clearly not winding up Eastern's affairs.

In Re Greenwald

33 B.R. 607 · United States Bankruptcy Court, S.D. New York · Sep 26, 1983

Summary judgment is an extraordinary remedy which should be granted with great caution and only where it clearly appears that there is no genuine issue as to material fact to be tried. See, e.g., Heyman v. … Established DOH policy precluded introduction of this “new matter” upon bureau review of the audits.

Matter of OPM Leasing Services, Inc.

13 B.R. 54 · United States Bankruptcy Court, S.D. New York · Jun 10, 1981

A qualified trustee (the “Trustee”) was so appointed on March 27, 1981. … Neither the bankruptcy laws nor the attorney-client privilege was intended to cloak corporate officials of a debtor with immunity from possible wrongdoing.

Alrose Allegria LLC

United States Bankruptcy Court, S.D. New York · Sep 10, 2026

QUALIFIED IMMUNITY AND BUSINESS JUDGMENT .............................................................. 17 II. … The qualified immunity defense therefore has no application to those claims.

In re: Alrose Allegria LLC; Dagny Enterprises, LLC, et al. v. Kenneth P. Silverman, et al.

United States Bankruptcy Court, S.D. New York · Sep 10, 2026

QUALIFIED IMMUNITY AND BUSINESS JUDGMENT .............................................................. 17 II. … The qualified immunity defense therefore has no application to those claims.

In Re Board of Directors of Multicanal S.A.

307 B.R. 384 · United States Bankruptcy Court, S.D. New York · Mar 12, 2004

In its reply brief obliquely, and at oral argument clearly, ARC conceded that a foreign bankruptcy proceeding could possibly impair a bondholder’s rights under the TIA — but only in the event the foreign proceeding were identical … Petitioner disputes ARC’s characterization of the APE and contends that the TIA does not establish a touchstone for the qualification of foreign law under § 304.

In Re Cutignola

450 B.R. 445 · United States Bankruptcy Court, S.D. New York · May 18, 2011

The plain language of the Bankruptcy Code and Rules clearly indicate that the estate’s right to property acquired post-petition is subject to the debtor’s rights to exemptions. See Bankruptcy Code § 522(b)(a); Fed. R. … For purposes of this subdivision, all trusts, custodial accounts, annuities, insurance contracts, monies, assets or interests established as part of, and all payments from, either any trust or plan, which is qualified as

In Re Millennium Global Emerging Credit Master Fund Ltd.

471 B.R. 342 · United States Bankruptcy Court, S.D. New York · May 25, 2012

Thus, the requested discovery would also qualify as the taking of evidence “concerning the debtors’ assets” under § 1521(a)(4). … It is equally established, however, that while an appeal of an order or judgment is pending, the court retains jurisdiction to implement or enforce the order or judgment.” Id.

In Re Teligent, Inc.

303 B.R. 728 · United States Bankruptcy Court, S.D. New York · Jan 8, 2004

There is nothing extraordinary about a party to an assumed executory contract becoming immune to a preference action to recover what otherwise have been required to be paid as a cure payment. … Clearly, both CIGNA and those covered under the CIGNA Contract have relied on the Assumption Order and continued enforceability of the CIGNA Contract.

In Re Quackenbush

339 B.R. 845 · United States Bankruptcy Court, S.D. New York · Apr 5, 2006

For purposes of this subdivision, all trusts, custodial accounts, annuities, insurance contracts, monies, assets or interests established as part of, and all payments from, either any trust or plan, which is qualified as … Once liquidated, the proceeds are clearly “cash” and the Debtor may claim exempt as much as is allowed by the statute. Id.

In Re Chateaugay Corp.

132 B.R. 818 · United States Bankruptcy Court, S.D. New York · Oct 25, 1991

DERIVATIVE IMMUNITY In the interests of furthering free exercise of discretion by government officials, the Federal Tort Claims Act exempts from its waiver of sovereign immunity [a]ny claim ... based upon the exercise or … The McKay court clearly did not confine the government contractor defense to the military but used the military in this instance to apply the law to the facts at hand.

In Re Arlumsa Development Corp.

33 B.R. 981 · United States Bankruptcy Court, S.D. New York · Nov 2, 1983

After an extensive examination of the legislative history, Judge Friendly concluded, “The history thus clearly points to insistence by Congress on a generality of default.” In re B.D. International, 701 F.2d at 1076 . … In determining whether a claim qualifies as a basis for an involuntary, Judge Friendly stated that a claimant must establish that there are grounds for the claim and that no defenses have been asserted in substantive form

Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC (In Re Madoff)

454 B.R. 285 · United States Bankruptcy Court, S.D. New York · Jun 28, 2011

Corp., 423 F.Supp. 94, 98 (S.D.N.Y.1976), aff'd, 556 F.2d 98 (2d Cir.1977) (“[A] ‘customer’ is clearly limited to persons who maintain accounts with broker-dealers and who trade or invest through them.”). … Rather, it clearly and solely excepts banks, brokers and dealers, and not the Feeder Funds. III.

Hudson Valley Water Resources, Inc. v. Boice (In Re Boice)

149 B.R. 40 · United States Bankruptcy Court, S.D. New York · Dec 17, 1992

A statement concerning the ownership of assets clearly qualifies as a statement regarding a debtor’s financial condition. … Second, reckless disregard of the truth is established by a pattern of falsity.