Case law

Devon Mobile Communications Liquidating Trust v. Adelphia Communications Corp. (In Re Adelphia Communications Corp.)

338 B.R. 546 · United States Bankruptcy Court, S.D. New York · Jun 10, 2005

The Liquidating Trust is the successor in interest to Devon and was established pursuant to an October 1, 2003 Order (the “Devon Confirmation Order”) of the United States Bankruptcy Court for the District of Delaware in In … The Court qualifies its ruling by explicitly stating that in order to satisfy the requirements of Rule 34(b) any archived documents produced must be thoroughly indexed, the boxes accurately labeled and the depository kept

In Re Worldcom, Inc.

364 B.R. 538 · United States Bankruptcy Court, S.D. New York · Mar 27, 2007

The value of the account measures the unsecured promise of your company to pay benefits under the company’s non-qualified plan, but the existence of this account does not give you or your beneficiary any ownership rights … Rather, it again clearly demonstrates that Whittaker could have determined the truth of the matter through reasonable diligence and that her reliance was negligent, not reasonable.

Empire One Telecommunications, Inc. v. T-Mobile USA, Inc. (In Re Empire One Telecommunications, Inc.)

458 B.R. 692 · United States Bankruptcy Court, S.D. New York · Oct 24, 2011

This raises the question whether the traffic at issue may nevertheless be immune to tariffs. … Rather, EOT claims that T-Mobile violated an FCC rule that clearly imposes an obligation on T-Mobile to pay EOT “reasonable compensation” and that its tariffs establish such a “reasonable” rate.

In re Creative Finance Ltd.

543 B.R. 498 · United States Bankruptcy Court, S.D. New York · Jan 13, 2016

“Establishment” means any place of operations where the debtor carries out a nontransitory economic activity. 132 “Establishment” has been described as a “local place of business.” 133 To have an establishment in a country … But, this third category was clearly envisioned by the drafters. Therefore, such an interpretation would be contrary to statutory intent and thus violate a key canon of statutory interpretation.

In Re Wedtech Corp.

85 B.R. 285 · United States Bankruptcy Court, S.D. New York · Feb 22, 1988

December 15, 1986, Wedtech Corporation, (“Debtor” or “Wedtech”) operated as a military contractor and sought and was awarded Defense Department contracts through the Small Business Administration Section 8(a) program allowing qualified … element has been established.

In re Lehman Bros.

493 B.R. 437 · United States Bankruptcy Court, S.D. New York · Jul 11, 2013

Only limited classes of potential claimants even qualify to request such an extension. The standards are designed to be tough, and they are. … Equitable Discretion to Extend Deadline for Filing Claims is Limited Under SIPA The statutory time limitations for filing a claim in a SIPA case are clearly delineated and do not allow the Court to fashion judicial exceptions

In Re East-West Associates

110 B.R. 675 · United States Bankruptcy Court, S.D. New York · Feb 13, 1990

created after the last pre-petition “tax-status date”, the court held: As to all remaining liens, because the county did not possess, prior to the filing of the bankruptcy petition, a sufficient “interest in property” to qualify … It may be true that when a debtor appeals an award of adequate protection, the traditional four-part test for obtaining an injunction must be established in order for the debtor to obtain a stay.

In Re Caldor, Inc.-NY

240 B.R. 180 · United States Bankruptcy Court, S.D. New York · Oct 22, 1999

As such, the right to payment need not be presently enforceable to qualify as a claim. Davenport does not hold otherwise. … Moreover, whether or not the test for determining when a contract claim arises has evolved in this circuit, Pearl's claim clearly arose during the Operating Period because Caldor's breach of the contract was clearly contemplated

In Re Drexel Burnham Lambert Group, Inc.

133 B.R. 13 · United States Bankruptcy Court, S.D. New York · Oct 25, 1991

Congress specifically decided that attorneys’ rates for legal services should be established by the market. … Once a qualified buyer is found, further negotiation is needed to consummate the purchase and sales agreement.

In re Residential Capital, LLC

528 B.R. 570 · United States Bankruptcy Court, S.D. New York · Apr 14, 2014

There, in order to initiate a claim of rescission, the plaintiffs made a qualified written request under RESPA, seeking the identity of the current owner or master servicer of a loan from both the prior holder of the loan … The Gil-berts never asserted that equitable estop- *576 pel applies here, and the facts clearly do not support its application.

Hosking v. TPG Capital Management, L.P. (In re Hellas Telecommunications (Luxembourg) II SCA

535 B.R. 543 · United States Bankruptcy Court, S.D. New York · Aug 19, 2015

Toledo, 446 U.S. 635, 640 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980) (holding that plaintiff did not have burden of pleading lack of defendant’s qualified immunity to state a civil rights claim under 42 U.S.C. § 1983 , finding … that “[s]inee qualified immunity is a defense, the burden of pleading it rests with the defendant” (citation omitted)).

In re Plusfunds Group, Inc.

492 B.R. 202 · United States Bankruptcy Court, S.D. New York · May 13, 2013

However, being affected by the outcome of a proceeding is not the same as having a direct financial stake within the bankruptcy case and does not properly qualify for standing as a party in interest. … In this instance, not acting to reopen the case does not clearly and directly prejudice the Trustee. Finally, the benefit to be realized from reopening the Debtor’s case is speculative.

Geltzer v. Bloom (In Re M. Silverman Laces, Inc.)

404 B.R. 345 · United States Bankruptcy Court, S.D. New York · Mar 31, 2009

Thus, to establish a constructive fraudulent transfer under either N.J.S.A. § 25:2-25b or Bankruptcy Code section 548(a)(1)(B), the Trustee must establish (in addition to SL’s insolvency or undercapi-talization or belief … Id. at 362-63. 22 Having failed to establish that any of SL’s assets were transferred for less than reasonably equivalent value (in fact, not having established any realizable value for the property that SL allegedly transferred

Messer ex rel. Fine Diamonds, LLC v. Peykar International Co. (In re Fine Diamonds, LLC)

501 B.R. 159 · United States Bankruptcy Court, S.D. New York · Oct 11, 2013

The Trustee asserts in his Post-trial Brief that the “testimony and documentary evidence at trial clearly established that Doran delivered to both Mitch and Mehran on consignment a series of batches of diamonds.” 122 The … The Defendants argued in their Post-trial Brief that when Do-ran was dismissed from the lawsuit, he was effectively granted immunity. Defs. Post-Trial Br., ECF # 96 at ¶ 4.

Toledano v. Kittay (In Re Toledano)

299 B.R. 284 · United States Bankruptcy Court, S.D. New York · Aug 7, 2003

Thus, the Second Circuit clearly established that (i) the term “lease” in a federal statute is defined under federal law, and (ii) a debtor/tenant’s rights under a rent stabilized lease (or rent controlled lease) in New York … Burger Boys, however, clearly notes the distinction.

Lawrence v. TPG Capital Management, L.P. (In re Hellas Telecommunications (Luxembourg) II SCA )

526 B.R. 499 · United States Bankruptcy Court, S.D. New York · Mar 9, 2015

While such a transfer must be made by, to, or on behalf of a financial intermediary, “a transfer may qualify for the section 546(e) safe harbor even if the financial intermediary is merely a conduit.” … Sec., LLC), 326 B.R. 505, 517-18 (Bankr.S.D.N.Y.2005)). 11 “In such circumstances, courts will allow allegations of circumstantial evidence to establish fraudulent intent, such as the well-established ‘badges of fraud.’ ”

LTV Corp. v. Back (In Re Chateaugay Corp.)

201 B.R. 48 · United States Bankruptcy Court, S.D. New York · Sep 25, 1996

Nothing in the Bankruptcy Code requires the establishment of a trust fund for speculative future claims which may never arise. … Finding that asbestos insulation products were not military equipment, the district court found that the defendant-manufacturers were not entitled to immunity under Boyle.

In Re Haddad

246 B.R. 27 · United States Bankruptcy Court, S.D. New York · Feb 22, 2000

The Court does not have to address the issue of whether there are instances under which such support might constitute an extenuating circumstance because under the facts of this case, it clearly does not. … discovered that the accounts had not been closed, she proceeded to incur credit on those accounts again despite her agreement to the contrary. 11 With respect to other alternatives available to the Debtor, the Court has already established

Enron Corp. v. Arora (In Re Enron Corp.)

316 B.R. 434 · United States Bankruptcy Court, S.D. New York · Nov 1, 2004

Enron and its affiliates had two active non-qualified deferred compensation plans in effect in 2001, that is, the Enron Corp. 1994 Deferral Plan, Restated as of October 6, 2000, and the Enron Expat. … United States.”)- Although Noles as a former employee of Enron in Texas and current resident of Alabama might not have the requisite minimum contacts with New York, he did not argue that he was improperly served and he clearly

In re Lehman Bros. Holdings Inc.

487 B.R. 181 · United States Bankruptcy Court, S.D. New York · Feb 15, 2013

In establishing a right to receive reasonable payments under a plan that otherwise would not have been available to the Committee members if they had sought to recover such payments as allowed administrative expenses, Section … Applications for the payment of administrative expenses as provided in Section 503(b) and the right to payments made eonsensually under a plan are clearly distinct.