Case law

In Re St. Stephen's 350 East 116th St.

313 B.R. 161 · United States Bankruptcy Court, S.D. New York · Aug 5, 2004

As noted above, the Court concluded differently. 11 However, I also held that M & T had yet to establish its reasonable costs and expenses incurred because of Mr. … Hancock clearly has not provided the kind of evidence necessary to establish that the Court’s rulings were obtained by fraud or misrepresentation. 3.

Irving H. Picard, Trustee for the Liquidation of B v. The Public Institution For Social Security

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.

Lehman Bros. Special Financing Inc. v. Bank of America National Ass'n (In re Lehman Bros. Holdings Inc.)

535 B.R. 608 · United States Bankruptcy Court, S.D. New York · Aug 24, 2015

The third Beech factor — failure to observe corporate formalities — is clearly not met. … See Amaranth, 587 F.Supp.2d at 537 (“Within the United States, the defendant has never commenced any suit, registered an office, been qualified or licensed to do business, paid or been required to pay taxes, employed any

Geron v. Holding Capital Group, Inc. (In re PBS Foods, LLC)

549 B.R. 586 · United States Bankruptcy Court, S.D. New York · Apr 8, 2016

After the Petition Date, the Trustee qualified and is currently serving as chapter 7 trustee of the Debtor’s estate. … “The Trustee’s comments were clearly referring to Defendants, as they were made at the hearing on the [Rule] 9019 Motion.

Tronox Inc. v. Anadarko Petroleum Corp. (In Re Tronox Inc.)

429 B.R. 73 · United States Bankruptcy Court, S.D. New York · Mar 31, 2010

By 1998, Old Kerr-McGee executives began exploring transactions through which they could attempt to ring-fence the Legacy Obligations and immunize the oil and gas properties. … Qualifying Transfers or Obligations Defendants first contend that the Complaint does not adequately describe the property transferred or the obligations incurred, the dates, and parties.

In Re Ames Department Stores, Inc.

115 B.R. 34 · United States Bankruptcy Court, S.D. New York · May 15, 1990

The bank was to effectively operate the debtor’s business; its pre-petition liens would be immunized from attack by not only the debtor but by a creditors’ committee even prior to the appointment of counsel; preference, fraudulent … The cases clearly establish that although a debtor is not required to seek credit from every possible source, a debtor must show that it has made a reasonable effort to seek other sources of credit available under section

Herzog v. Birmingham Fire Insurance (In Re D. H. Overmyer Co.)

19 B.R. 750 · United States Bankruptcy Court, S.D. New York · Mar 31, 1982

Clearly, such provisions are not directed against the “miscreant” payee but rather against the culpable party who has dealt with the former. 28 ® Having said this, we do not grant immunity to the receiver, but rather analyze … Of course, assuming arguendo that the facts here demonstrated unjust enrichment, which they clearly do not, restitution could be denied because any alleged benefit to the receiver was officiously conferred upon him by Birmingham

Sandak v. Dobrayel (In Re Dobrayel)

287 B.R. 3 · United States Bankruptcy Court, S.D. New York · Dec 9, 2002

Bell, 615 F.2d at 374 (noting that the New York Lien law clearly defines the trust res). … Hence, Article 3-A clearly creates an express trust within the meaning of Section 523(a)(4).

In Re Delta Air Lines

342 B.R. 685 · United States Bankruptcy Court, S.D. New York · Apr 26, 2006

In 2005, Comair and the IBT negotiated a Letter Agreement establishing a “B scale” wage rate schedule. … established in the record before me.

In re Residential Capital, LLC

523 B.R. 24 · United States Bankruptcy Court, S.D. New York · Dec 22, 2014

Oct. 5, 2009) (holding that section 2923.6 “clearly does not create a private right of action”); Pittman v. Barclays Cap. Real Estate, Inc., No. 09-CV-0241, 2009 WL 1108889 , at *3 (S.D.Cal. … Shaham states that he is qualified to testify regarding the California Action based upon his personal knowledge. (Id. ¶ 3.)

Hassett v. Ganz (In Re O.P.M. Leasing Services, Inc.)

21 B.R. 986 · United States Bankruptcy Court, S.D. New York · Jul 16, 1982

The Trustee was so appointed, has duly qualified and is the acting Trustee in this case. … It was merely because the employer in Hadden had indicated that he was not seeking affirmative recovery, a fact clearly not present herein, that the Court in Hadden denied the employer recovery.

Official Committee of Unsecured Creditors v. Austin Financial Services, Inc. (In Re KDI Holdings, Inc.)

277 B.R. 493 · United States Bankruptcy Court, S.D. New York · Mar 8, 1999

Under Fed.R.Civ.P. 12(b)(1), “[i]t is the burden of the party who seeks the exercise of jurisdiction in his favor ... clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute … However, had the Exclusion Period expired without the Committee commencing this adversary-proceeding, Austin and Schneider would be immune from suit based on the Austin Loans, and the ability to review their roles in the

In Re Vienna Park Properties

132 B.R. 517 · United States Bankruptcy Court, S.D. New York · Oct 4, 1991

Harvey and Britton were each qualified as expert appraisers. Tr. 4/29/91 at 28-31; Tr. 5/20/91 at 204. Mr. Wudske was qualified as an expert in the field of property management and related matters. Tr. 4/26/91 at 37-47. … The Secured Creditors, however, have not established a sufficiently strong link between Mr.

In Re Adler, Coleman Clearing Corp.

216 B.R. 719 · United States Bankruptcy Court, S.D. New York · Jan 22, 1998

By order dated March 10,1995, we established a procedure for the trustee to review timely filed claims and to determine the portion, if any, meriting preferred customer claim status. … The court noted that proceeds of customer securities are clearly customer property within the meaning of § 78111(4). Id.

Adelphia Communications Corp. v. Rigas (In Re Adelphia Communications Corp.)

317 B.R. 612 · United States Bankruptcy Court, S.D. New York · Dec 2, 2004

would be unjust”; 10 (4) “to establish the extent to which Adelphia claims the Rigas Defendants were third-party beneficiaries to the co-borrowing agreements”; 11 (5) “to establish that the Rigas Defendants do not owe Adelphia … The City of Schenectady, 160 F.Supp.2d 336 , 348 n. 16 (N.D.N.Y.2001) ("Because the Court concludes, for reasons explained elsewhere in this Opinion, that [a defendant’s] qualified immunity argument fails as a matter of law

In Re Jamesway Corp.

202 B.R. 697 · United States Bankruptcy Court, S.D. New York · Nov 21, 1996

For an expense to qualify under § 503(b) as an expense of administration, it must either benefit the estate, or arise in connection with business or activities carried on by the estate. … That “established practice”, however, was not designed with serial chapter 11 filings in mind.

In Re Board of Directors of Multicanal S.A.

340 B.R. 154 · United States Bankruptcy Court, S.D. New York · Mar 29, 2006

Factor 1, which analyzes the types of exchanges that can be the subject of a § 3(a)(10) exemption, was clearly fulfilled. … Its clients include both qualified and non-qualified institutional buyers.

In Re Nargassans

103 B.R. 446 · United States Bankruptcy Court, S.D. New York · Jul 19, 1989

It is sufficient to establish ... that there are good grounds for the claim and that no defenses have been asserted in substantiate form.” 701 F.2d at 1077 . … The New York State Legislature clearly sought to achieve this balance in the last sentence of BCL § 630(a) by providing the safeguard of a returned unsatisfied execution directed to the company.

In Re Delta Air Lines, Inc.

370 B.R. 537 · United States Bankruptcy Court, S.D. New York · Apr 25, 2007

The Bond Trustee also established a website “solely dedicated to the interests of the 1992 Bondholders,” which reported on all material events and pleadings “and finally all of the documents associated with the Settlement … The Indenture clearly vests in the Bond Trustee alone the power to exercise the Bondholders’ remedies in the event of a default, subject to instruction by a majority in principal amount of Bondholders.

In Re Flagstaff Foodservice Corp.

56 B.R. 910 · United States Bankruptcy Court, S.D. New York · Jan 15, 1986

The Financing Order also provided that GECC would have a qualified super-priority status as to sums not secured under the agreement. … Additionally Hormel’s telegram clearly indicates that the reclamation demand was being made on Flagstaff.