Case law

Solus Alternative Asset Management LP v. Delphi Automotive PLC (In re DPH Holdings Corp.)

553 B.R. 20 · United States Bankruptcy Court, S.D. New York · May 13, 2016

The Plaintiffs take the former view, and clearly the dictionary definition of a corporate distribution encompasses redemption payments such as the GM/PBGC Redemp-tions. … I to the Oster Decl.): ("The [Plan] is clear: to qualify toward the $7.2 billion threshold, ‘distributions’ must be made by ‘[the Company Buyer] to its members in accordance with its Operating Agreement.’ ...

In Re Elmendorf

345 B.R. 486 · United States Bankruptcy Court, S.D. New York · Jul 18, 2006

In order to qualify for a § 109(h) “extension,” debtor must make a compound showing that each of the subsections of § 109(h)(3)(A) are satisfied. … When read together, §§ 109(h), 301 and 362(a) establish that no stay can exist for debtors who fail to obtain the required credit counseling or qualify for an exception. See Salazar, supra, at 626 .

In Re 68 West 127 Street, LLC

285 B.R. 838 · United States Bankruptcy Court, S.D. New York · Nov 19, 2002

The building apparently qualifies as single asset real estate under section 101(5 IB) of the Bankruptcy Code. … As the Debtor’s only asset, the building clearly is necessary for the Debtor’s reorgani-

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

458 B.R. 87 · United States Bankruptcy Court, S.D. New York · Sep 22, 2011

creditor generally, and prove the existence of an actual, qualifying creditor at trial.”). … In Merkin I, this Court addressed virtually identical arguments, and found that they were at best premature, as section 546(e) provides an affirmative defense that, unless clearly established on the face of the Complaint,

In Re Motors Liquidation Co.

447 B.R. 198 · United States Bankruptcy Court, S.D. New York · Mar 7, 2011

immunity for acts undertaken in connection with the case. … But none of the qualifying circumstances has been even argued to be applicable to the exculpation provisions here.

Grubin v. Rattet (In Re Food Management Group, LLC)

380 B.R. 677 · United States Bankruptcy Court, S.D. New York · Jan 23, 2008

DR 7-102(b)(2), 22 NYCRR § 1200.33 (“A lawyer who receives information clearly establishing that a person other than the client has perpetrated a fraud upon a tribunal shall promptly reveal the fraud to the tribunal.”). 14 … DR 7-102(b)(2) requires evidence "clearly establishing” that a fraud has been committed to find a disciplinary violation for nondisclosure, the burden of proof for imposing civil liability is a preponderance of the evidence

In re Residential Capital, LLC

537 B.R. 161 · United States Bankruptcy Court, S.D. New York · Sep 4, 2015

In response, Robertson asserts that “[a]s the undisputed owner of the property being assaulted, [he] is clearly a party in interest with standing to protect his property.” (Robertson Response at 4 (citation omitted).) … As a result, a plaintiff must establish that he or she has standing. See Raines v.

In re Motors Liquidation Co.

591 B.R. 501 · United States Bankruptcy Court, S.D. New York · Sep 24, 2018

While section 706(a) gives the debtor a right to convert the case, section 706(d) mandates that the debtor qualify as a "debtor" under chapter 13. … Courts estimate potential aggregate future liabilities at the pre-confirmation stage, often to establish a reserve and set up a channeling injunction directing present and future claims to a trust established pursuant to

In Re Nassoko

405 B.R. 515 · United States Bankruptcy Court, S.D. New York · Jun 5, 2009

As to E-Loan, it clearly had prior knowledge of the discharge, not only through the notice of discharge it received but also through its subsequent entry into a settlement with the Debtor. … In sum, the wording of the letter does not immunize Respondents from liability for a violation of § 524.

In re Campbell

513 B.R. 846 · United States Bankruptcy Court, S.D. New York · Jul 29, 2014

To qualify as a cure amount, the interest and charges proposed must be both (1) required under the original agreement, and (2) not prohibited by state law. Id. … Clearly action by the Mortgagee was required in order to accelerate the debt, and there was no automatic acceleration as a consequence of a payment default.

Deborah J. Piazza, as Chapter 7 Trustee of Poonam v. Keswani

United States Bankruptcy Court, S.D. New York · Mar 16, 2021

Piazza was appointed chapter 7 trustee for the Debtor's estate and qualified for and accepted that appointment. … As support for the latter request, the Debtor asserts that “no proof has surfaced from Deborah Piazza establishing which creditors she paid the money to.” Id. ¶ 14.

Sunbeam Products, Inc. v. Wing Shing Products (BVI) Ltd. (In Re AI Realty Marketing of New York, Inc.)

293 B.R. 586 · United States Bankruptcy Court, S.D. New York · Jun 3, 2003

This Court holds that Sunbeam has demonstrated that the underlying elements of laches have clearly been met, thus establishing a defense of laches regardless of whether the presumption applies. … Coffee qualify as well-known concepts and current state of the art.

Chrysler Capital Corp. v. Salzman (In Re Salzman)

61 B.R. 878 · United States Bankruptcy Court, S.D. New York · Jun 9, 1986

INTENT TO DECEIVE A debtor who is not granted immunity under 11 U.S.C. § 344 is free to claim the privilege against self-incrimination, and may refuse to testify and, nevertheless, retain a right to claim a discharge in bankruptcy … The evidence in this case clearly and convincingly reflects the fact that the debtors were sole shareholders and controlling officers of BFM.

Forrest v. Bressler (In Re Bressler)

387 B.R. 446 · United States Bankruptcy Court, S.D. New York · May 15, 2008

Although such loans are nondischargeable, unless “undue hardship” standard under section 523(a)(8) were sought and established, the schedules clearly require information on student loans, and do not provide an option of nondisclosure … For the above-stated reasons, Bressler is denied a discharge pursuant to section 727(a)(4) because of certain material omissions in his filings, and because the multitude of omissions clearly establish a reckless disregard

In Re United States Lines, Inc.

199 B.R. 476 · United States Bankruptcy Court, S.D. New York · Aug 13, 1996

Unmatured Interest Section 502 of the Bankruptcy Code clearly provides that claims for unmatured interest shall not be allowed. … By modifying the term “interest” with the term “postpetition”, the Code qualifies its intent to limit the disallowance of interest to only that which accrues postpetition.

In re OAS S.A.

533 B.R. 83 · United States Bankruptcy Court, S.D. New York · Jul 13, 2015

First, Tavares was not qualified to file the petitions or serve as foreign representative because he had not been authorized by the Brazilian Court to exercise those powers. … Accordingly, the Court concludes that Tavares was duly appointed and qualified to act as the “foreign representative” in these chapter 15 proceedings. C.

In Re Board of Directors of Multicanal S.A.

314 B.R. 486 · United States Bankruptcy Court, S.D. New York · Aug 27, 2004

Its clients are both qualified and non-qualified institutional buyers. WRH Partners Global Securities, L.P., a Huff entity, is ARC’s investment manager. … Such resales may be made to "qualified institutional buyers” as defined in 17 C.F.R. § 230 .144A(7)(a).

In Re Millennium Global Emerging Credit Master Fund Ltd.

458 B.R. 63 · United States Bankruptcy Court, S.D. New York · Aug 26, 2011

in Bermuda was clearly disclosed in the Offering Memorandum, investors could have reasonably expected that Bermuda was likely to be the venue of any proceeding to wind up or liquidate the Funds. … The Delaware Fund was incorporated in Delaware to facilitate investments by qualified residents of the United States.

In Re Drexel Burnham Lambert Group Inc.

134 B.R. 482 · United States Bankruptcy Court, S.D. New York · May 24, 1991

Only expenditures which clearly benefit the estate will be afforded administrative expense status. Trustees Amalgamated Insurance Fund v. … The Funding Agreements clearly provide that DCC will share with Investors investment banking and other fees earned by it in connection with the activities of the Fund.

Colin v. Manufacturers Hanover Trust Co. (In Re Colin)

35 B.R. 904 · United States Bankruptcy Court, S.D. New York · Dec 19, 1983

a nominal party in the state court action, collectively establish the requisite “cause” for lifting the stay under sections 362(d)(1) and (d)(2). … The court’s examination focused on whether, as a trustee, the debtor qualified for chapter 13 relief as “an individual with regular income”. Id. at 902 ; see 11 U.S.C. § 109 (e).