Case law

Enron Corp. v. J.P. Morgan Securities Inc.

356 B.R. 343 · United States Bankruptcy Court, S.D. New York · Dec 13, 2006

The argument regarding Enron’s reliance was never fully developed or clearly articulated in Enron’s Submissions. … So this is clearly not a case where Lehman was seeking to actively conceal identity.

Romano v. Romano (In re Romano)

548 B.R. 39 · United States Bankruptcy Court, S.D. New York · Apr 8, 2016

In order to qualify as a domestic support obligation, all four requirements must be satisfied. … Further, Defendant’s chapter 13 plan clearly states that the ongoing maintenance payments to Plaintiff were unaffected by his plan. See Amended Chapter 13 Plan 7, In re Romano, No. 10-36381, ECF No. 10.

Adelphia Communications Corp. v. Bank of America, N.A. (In Re Adelphia Communications Corp.)

330 B.R. 364 · United States Bankruptcy Court, S.D. New York · Aug 30, 2005

may be established for some entities in the Adelphia capital structure but not others. … The Defendants contend that the second prong of the Wagoner Rule — which immunizes defendants from liability for otherwise actionable wrongful conduct on “in pari delicto ” grounds, by imputation to a bankruptcy trustee or

In Re Northwest Airlines Corp.

346 B.R. 307 · United States Bankruptcy Court, S.D. New York · Jun 29, 2006

But the Debtors’ business plan supported the increase in “ask,” and the Debtors established that their proposed wage levels were not materially lower than those of United. 28 Moreover, they also established that United’s … On the basis of the entire record, the equities clearly balance in favor of the Debtors.

In Re Bidermann Industries U.S.A., Inc.

241 B.R. 76 · United States Bankruptcy Court, S.D. New York · Nov 2, 1999

In a July 10, 1995 memorandum (the “July 10th Memorandum”) distributed to its employees, Bidermann explained that: [t]o qualify for this special benefit, you must have worked at least 1000 consecutive hours as of July 1, … To establish a claim for equitable estoppel under ERISA, a plaintiff must establish “(1) a material misrepresentation, (2) reasonable and detrimental reliance upon the representation, and (3) extraordinary circumstances.”

In Re Barney's, Inc.

197 B.R. 431 · United States Bankruptcy Court, S.D. New York · Aug 5, 1996

For the reasons stated herein, the motion is denied. 1 Facts The facts as established during the eviden-tiary hearing on this motion are as follows. … The Union employees of Barneys Inc. clearly have an interest in all actions and determinations that have or will be made by the Committee and seek to have a voice.

In re Northern New England Telephone Operations LLC

504 B.R. 372 · United States Bankruptcy Court, S.D. New York · Feb 11, 2014

See Order Establishing Deadline, (No. 09-16335), ECF No. 568. … Here, the City clearly participated in the reorganization proceeding.

In Re Chateaugay Corp.

155 B.R. 625 · United States Bankruptcy Court, S.D. New York · May 28, 1993

This coverage is usually provided by one or more of the following methods: purchase of commercial insurance; payment into a state-sponsored fund; or by qualifying as a self-insurer. … When “[t]he classification is clearly for the purpose of manipulating voting[,] ... it may not stand.” Bryson, supra, 961 F.2d at 502 .

In Re Basis Yield Alphs Fund (Master)

381 B.R. 37 · United States Bankruptcy Court, S.D. New York · Jan 16, 2008

That failures to object is not conclusive is established by, at the least, legislative history and caselaw. … ) is organized and/or registered, and as what kind of business entity {e.g., corporation, limited liability company, general or limited partnership, business trust, etc.); (b) to what extent Basis Yield is registered or qualified

Hasset v. Blue Cross & Blue Shield (In Re O.P.M. Leasing Services, Inc.)

46 B.R. 661 · United States Bankruptcy Court, S.D. New York · Feb 27, 1985

BCBS ' asserts that the Trustee has not established the first element of a preferential transfer under § 547 of the Code, because the release of the escrow deposit was not a transfer of OPM’s property. … However, § 541(d) qualifies the otherwise broad scope of this definition by providing that “[pjroperty in which the debtor holds, as of the commencement of the case, only legal title and not an equitable interest ... becomes

In re Residential Capital, LLC

474 B.R. 112 · United States Bankruptcy Court, S.D. New York · Jun 20, 2012

, the court denied the motion of the *120 committee of equity security holders (“Equity Committee”) to appoint an examiner despite the fact that no trustee had been appointed, no plan had been confirmed, and the debtors clearly … In the first instance, the scope of the investigation established by the 2004 Order sets the appropriate scope parameter for the investigation, subject to later adjustment if necessary. .

Irving H. Picard, Esq., Trustee for the Substantiv v. Tensyr Limited

United States Bankruptcy Court, S.D. New York · Nov 3, 2023

The Foreign Sovereign Immunities Act provides that “a foreign state shall be immune from the jurisdiction of the courts of the United States and of the States except as provided in sections 1605 to 1607 of this chapter … The Court agrees with the Trustee that PIFSS is not clearly applicable to the issues of personal jurisdiction over a non- foreign sovereign.

Davis v. M & M Developer, LLC (In re MBM Entertainment, LLC)

531 B.R. 363 · United States Bankruptcy Court, S.D. New York · May 27, 2015

Transfers to LLCs that Allegedly Were Not Qualified to Do Business in NY Davis alleged in her Complaints that MBM Development, MBM Entertainment and Altria were not qualified to do business in New York State and that the … There must be an express or implied agreement that there shall be a hen on specific, clearly identified property and the intent to establish the lien must be clear. See James v.

In re Westinghouse Elec. Co.

588 B.R. 347 · United States Bankruptcy Court, S.D. New York · Aug 1, 2018

"To enter a contract, a party must clearly and unequivocally accept the offeror's terms. … Bowers clearly confirmed it in the email exchanges with Mr.

In Re Elsa Designs, Ltd.

155 B.R. 859 · United States Bankruptcy Court, S.D. New York · Jun 25, 1993

Although § 303(h) suggests that a trial will be conducted to determine whether an involuntary petition is properly filed, if the court documents and arguments clearly establish that a claim is or is not subject to a bona … This Circuit, prior to the 1984 amendment, held that in order to qualify a claimant as a petitioning creditor, “a claimant need not make out a case warranting summary judgment....

In Re Ross

63 B.R. 951 · United States Bankruptcy Court, S.D. New York · Aug 22, 1986

See, e.g., In re Drexler, supra, with its establishment of a final, unstayed judgment general rule. … The BAFJA amendment has not altered this established treatment of counterclaims.” 56 B.R. 969 . 10 .

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

464 B.R. 606 · United States Bankruptcy Court, S.D. New York · Jan 20, 2012

Ana-darko claims that Tronox seeks a “windfall” of $14 billion by using excerpts from the reports of Tronox’s expert witnesses at trial (if called and qualified) to assert that Tronox’s own experts “concede” that environmental … And those claim amounts are clearly overstated.” (footnotes omitted). .

Oneida Ltd. v. Pension Benefit Guaranty Corp. (In Re Oneida Ltd.)

383 B.R. 29 · United States Bankruptcy Court, S.D. New York · Feb 27, 2008

The October colloquy establishes that both parties intended to reserve their rights, as they had earlier. … This rule applies to statutes that would amend as well as repeal established law.

Capmark Financial Group Inc. v. Goldman Sachs Credit Partners L.P.

491 B.R. 335 · United States Bankruptcy Court, S.D. New York · Apr 9, 2013

Nor would that allegation, even if true, establish that the PIA Funds had the substantial control rights required for a 11 U.S.C. § 101 (31)(B)(i) claim. … In overturning the bankruptcy court’s decision, the Bankruptcy Appellate Panel held that “[t]he only way for [the corporation] to qualify as a per se insider is for the corporate form to be disregarded and for the [corporation

Lehman Bros. Special Financing v. Ballyrock ABS CDO 2007-1 Ltd. (In Re Lehman Bros. Holdings)

452 B.R. 31 · United States Bankruptcy Court, S.D. New York · May 12, 2011

prior to the bankruptcy of LBHI should not be entitled to any protection under safe harbor provisions that, by their express terms, are limited exclusively to preserving the right to liquidate, terminate and accelerate a qualifying … The clause is also clearly worded and free from doubt as to its meaning.