Case law

Andrew Velez Construction, Inc. v. Consolidated Edison Co. of New York, Inc. (In Re Andrew Velez Construction, Inc.)

373 B.R. 262 · United States Bankruptcy Court, S.D. New York · Aug 14, 2007

Trustee must establish both the debtor’s and the transferee’s actual fraudulent intent.”) … It is settled law that only funds originating from one of the seven sources enumerated in Lien Law § 70(5) qualify as owner trust funds. Bristol, Litynski, Wojcik, P.C. v.

Togut v. Deutsche Bank AG (In re Anthracite Capital, Inc.)

492 B.R. 162 · United States Bankruptcy Court, S.D. New York · May 9, 2013

As stated in Andersen Worldwide: Information most clearly due for disclosure includes any ‘document which is presented to the court to invoke its powers.’ ... … Congress used the word “or” to distinguish between trade secrets and commercial information in § 107; thus, “[c]ommer-cial information need not rise to the level of a trade secret to qualify for protection under section 107

In Re Adelphia Communications Corp.

359 B.R. 65 · United States Bankruptcy Court, S.D. New York · Jan 11, 2007

He noted, in that connection: It is hard to imagine any restriction or condition upon assignment of a lease more clearly within the legislative language than a lease provision which not only directly refers to assignment … The Court rejects the notion, advanced by Martinsville that it is immune from section 365(1) analysis because its right of first refusal applies to the assets used by the cable system for the franchise, as contrasted to the

Hixson v. U.S. Deparment of Education (In Re Hixson)

450 B.R. 9 · United States Bankruptcy Court, S.D. New York · Mar 24, 2011

He must also establish that his current financial hardship is likely to be long-term.” In re Wells, 380 B.R. at 659 . … program funded in whole or in part by a governmental unit or nonprofit institution; or (ii) an obligation to repay funds received as an educational benefit, scholarship, or stipend; or (B) any other educational loan that is a qualified

Official Committee of Unsecured Creditors of Arcapita Bank B.S.C.(c) v. Bahrain Islamic Bank (In re Arcapita Bank B.S.C.(c))

529 B.R. 57 · United States Bankruptcy Court, S.D. New York · Apr 17, 2015

The Defendants’ instructions to Arcapita to transfer the funds to a correspondent account held by a third party are the type of “attenuated” acts that do not qualify as the basis for specific jurisdiction. … Clearly, that is not the case. Moreover, the fact that these PATRIOT Act certifications require foreign banks to designate a proxy to accept service of process by the U.S.

In Re Leslie Fay Companies, Inc.

207 B.R. 764 · United States Bankruptcy Court, S.D. New York · Apr 21, 1997

Counsel for the debtors was not involved in the negotiations regarding the releases. 23 Courts have concluded that public policy favors a limited immunity in order to encourage parties to actively participate in reorganization … At his deposition in the class action, however, in response to a question about where documents might be found, he mentioned nothing about the destruction of boxes clearly marked "Do Not Destroy.”

Yann Geron, Chapter 7 Tr., Direct Access Partners, LLC v. Craig (In re Direct Access Partners, LLC)

602 B.R. 495 · United States Bankruptcy Court, S.D. New York · May 30, 2019

Costich was qualified as an expert only on accounting issues and solvency calculations generally. … The Alleged "Badges of Fraud" Did Not Establish an Intent to Hinder, Delay or Defraud Creditors It is well-established that fraudulent intent may be established not only by direct proof, but also "by inference from the circumstances

In Re Rubin

160 B.R. 269 · United States Bankruptcy Court, S.D. New York · Oct 19, 1993

Here, although Israel Re controls the timing of revocation, its power to revoke is qualified by the requirement of an audit and the subsequent withholding of funds sufficient to cover identified potential *276 claims. … New York must establish an irrevocable trust for the benefit of its "policyholders and beneficiaries.”

In Re Boston Generating, LLC

440 B.R. 302 · United States Bankruptcy Court, S.D. New York · Dec 3, 2010

The Debtors extended the Bid Deadline through November 15, 2010 in order to give Matlin feedback and to permit Matlin to improve on the clearly articulated shortcomings in the Matlin proposal. Mr. … JPM’s management presentation presented to bidders clearly highlight regulatory upside, specifically stating that “[proposed modifications to Forward Capacity Market ... provide potential upside.” 21 The record at the Bid

In Re Ionosphere Clubs, Inc.

112 B.R. 78 · United States Bankruptcy Court, S.D. New York · Apr 2, 1990

The Indenture is the operative document which established a mechanism whereby Eastern has borrowed sums of money evidenced by notes (the “Notes”) through various credit and loan agreements. … by making advances or incurring an obligation gives value to enable the debtor to acquire rights in or the use of collateral if such value is in fact so used. *83 A third party that lends money to a prospective buyer may qualify

In Re Tikijian

76 B.R. 304 · United States Bankruptcy Court, S.D. New York · Jul 23, 1987

International Discount Corp., 701 F.2d 1071, 1077 (1983) that “In order to qualify a claim as a basis for seeking involuntary bankruptcy a claimant need not make out a case warranting summary judgment * * *. … This is not the dividing line established by the bona fide dispute language of Code § 303. Indeed, in a number of ways, Bankruptcy Rule 9011, which is based on Fed.R.Civ.

Velo Holdings Inc. v. Paymentech, LLC (In re Velo Holdings Inc.)

475 B.R. 367 · United States Bankruptcy Court, S.D. New York · Jul 18, 2012

Vertrue is not qualified to submit credit-card payment receipts directly to the VISA or MasterCard network, so Ver-true depends on Paymenteeh, an authorized credit-card processor, to consummate those transactions. … This action clearly ‘stems from the bankruptcy itself.’ ”). B.

Caldor Corp. v. S Plaza Associates, L.P. (In re Caldor, Inc.)

217 B.R. 116 · United States Bankruptcy Court, S.D. New York · Jan 29, 1998

Since the debtors either vacated the subject premises or used them solely to liquidate during the post-petition period, the trustee argued that G & Ws payments did not qualify as administrative expenses. Id. at 925. … Wingspread is clearly inapposite. Moreover, Caldor does not allege, yet alone demonstrate, wrongdoing on S Plaza’s part.

Kassover v. Prism Venture Partners, LLC (In Re Kassover)

336 B.R. 74 · United States Bankruptcy Court, S.D. New York · Jan 12, 2006

See also Nemsa Establishment, S.A. v. Viral Testing Sys. … At best, the State Court Action is tangentially related to events that occurred during the Debtor’s bankruptcy proceeding but it clearly does not “arise in” or “arise under” the Bankruptcy Code and is not core. Cf.

In Re Cenargo International, PLC

294 B.R. 571 · United States Bankruptcy Court, S.D. New York · Jun 27, 2003

All of these provisions clearly were commendable efforts to establish an orderly framework for coordinating the U.S. cases and the English proceedings. … The standard governing review of fee applications under the Bankruptcy Code is well established.

In Re Johns-Manville Corp.

36 B.R. 743 · United States Bankruptcy Court, S.D. New York · Jan 23, 1984

A court-appointed receiver would qualify as a party in interest in privity with the debtor for the purposes of § 362(d). … Under the Emergency Rule, the appointment of a legal representative for claimants is clearly a core matter arising under the Code.

In Re Johns-Manville Corp.

57 B.R. 680 · United States Bankruptcy Court, S.D. New York · Feb 11, 1986

The drafters of the Code clearly did not intend such a result. … Damages which are considered un-matured, unliquidated and contingent, clearly fall within the definition of a claim.

In Re USH Corp. of New York

280 B.R. 330 · United States Bankruptcy Court, S.D. New York · Jul 12, 2002

In addition, it is well settled that the "bankruptcy court is undoubtedly the best qualified to interpret and enforce its own orders including those providing for discharge and injunction," In re Texaco, Inc., 182 B.R. 937 … However, not only did the State Court refrain from determining the Debtors' Bankruptcy Grounds defense to Los Prados' claims at the Summary Judgment Hearing, [3] the State Court clearly expressed its intention that this Court

In Re Enron Corp.

298 B.R. 513 · United States Bankruptcy Court, S.D. New York · Sep 17, 2003

This second prong of the test is applied “only if the first prong is satisfied and the claim qualifies an amendment and not a new claim.” In re Sage-Dey, Inc., 170 B.R. 46, 49 (Bankr.N.D.N.Y. 1994). … To find otherwise, that is, outside of the context of excusable neglect, would vitiate the very purpose of the Bar Date Order and would clearly prejudice the Debtors’ reorganization process.

In Re Treco

229 B.R. 280 · United States Bankruptcy Court, S.D. New York · Jan 22, 1999

Nonetheless, BNY contends that movants cannot establish that § 304(c) is satisfied in this case. … However, that clearly was not the basis for the court’s decision to dismiss the case.