Case law

Nof v. Gannon (In Re Gannon)

173 B.R. 313 · United States Bankruptcy Court, S.D. New York · Oct 19, 1994

Discussion Under § 727 of the Code, an individual debtor is entitled to a discharge unless one of the ten enumerated exceptions to discharge specified in § 727(a) is established. … Notwithstanding Gannon and Nassani’s relationship, Nof did not object to Nassani being qualified as an expert with respect to the operation of the wholesale diamond business in New York City. See Trans, at p. 91.

In Re Koreag, Controle Et Revision S.A.

130 B.R. 705 · United States Bankruptcy Court, S.D. New York · Aug 26, 1991

Mebco is not qualified or authorized to do business in the State of New York. … Clearly, the Petitioner is a foreign representative falling within the scope of this definition.

In Re Dana Corp.

367 B.R. 409 · United States Bankruptcy Court, S.D. New York · Apr 19, 2007

The Reclamation Claims On March 29, 2006, this Court entered an order (the “Reclamation Order”), establishing procedures for resolving reclamation claims. … Doe, 536 U.S. 273, 280 , 122 S.Ct. 2268 , 153 L.Ed.2d 309 (2002) (“In order to create a federal right Congress must clearly manifest its intent to do so.”); Edwards v.

In Re Wedtech Corp.

87 B.R. 279 · United States Bankruptcy Court, S.D. New York · Oct 25, 1988

Wedtech qualified for a program through the Small Business Administration Section 2[8](a) and therefore received government contracts without having to bid for them. … The section disallows a contingent claim for “contribution,” a concept clearly associated with the law of torts.

Sama v. Mullaney

United States Bankruptcy Court, S.D. New York · Jan 17, 2020

volunteer immunity statute, 10 DEL. … Second, a failure to act in good faith may be established when a director “acts with the intent to violate applicable 16 As compensated officers, they do not benefit from the immunity granted to volunteers under

In Re Drexel Burnham Lambert Group Inc.

120 B.R. 724 · United States Bankruptcy Court, S.D. New York · Nov 14, 1990

The CBOT, on the other hand, often grapples with these issues, in the context of, inter alia, Rule 252, and clearly possesses far greater expertise. These issues are clearly within the business entrusted to the CBOT. … Although the Commission could not decide whether the Commodity Exchange Act immunized conduct from the anti-trust laws, the Commission’s determination of whether the Exchange’s rules were violated required a factual determination

In Re Kaplan Breslaw Ash, LLC

264 B.R. 309 · United States Bankruptcy Court, S.D. New York · Jun 20, 2001

The express language of each of the two documents clearly shows that Sterling did not intend to be bound until further documents were signed and executed. … Giving a mortgage plainly qualifies as such. 68 .

Morgan Olson, LLC v. Frederico (In Re Grumman Olson Indus., Inc.)

445 B.R. 243 · United States Bankruptcy Court, S.D. New York · Feb 25, 2011

Certain of these limitations on Morgan’s successor liability clearly do not apply. The Frederieos’ claims do not arise from or relate to the Lot 2 Assets. … ]o the extent the phrase ‘right to payment’ is modified in the statute, the modifying language (“whether or not such right is ... ’) reflects Congress’ broad rather than restrictive view of the class of obligations that qualify

In re Johns-Manville Corp.

534 B.R. 553 · United States Bankruptcy Court, S.D. New York · Jul 27, 2015

.2002) (“An injunction required all claimants seeking compensation for existing and future asbestos health claims caused by exposure to Manville products to proceed solely against the Trust; Manville and its insurers were immunized … The Court clearly has jurisdiction to enforce the 1986 Orders, Bailey, 557 U.S. at 151 , 129 S.Ct. 2195 , and no adversary proceeding is required for the Court to do so, see Kalikow, 602 F.3d at 92 ; Ritchie Risk, 471 B.R

Universal Casualty & Surety Co. v. Gee (In Re Gee)

53 B.R. 891 · United States Bankruptcy Court, S.D. New York · Oct 18, 1985

In 1980, the Office of Superintendent of Insurance was established and a licensing system was created. … Clearly, it had the right to contest its liquidation and Gee’s appointment, see Union Occident Insurance Co.

Shimer v. Fugazy (In Re Fugazy Express, Inc.)

159 B.R. 432 · United States Bankruptcy Court, S.D. New York · Sep 29, 1993

Shimer (the “Trustee”) subsequently qualified as the permanent trustee. In June 1987, the Trustee, with the assistance of court appointed professionals, conducted an auction of certain of the Debtor’s property. … Although the Defendants assert that there has been an intervening change in the controlling law, and suggest that the June 20 Order is based upon a clearly erroneous interpretation of the law such that enforcement of the

Maxwell Communication Corp. v. National Westminster Bank Plc (In Re Maxwell Communication Corp.)

170 B.R. 800 · United States Bankruptcy Court, S.D. New York · Aug 10, 1994

The plan and scheme established September 27, 1993, as the last day to file claims in the U.S. and to lodge claims in the U.K. … If one state has a clearly greater interest, the other should defer. See Commentary (e) to the Restatement of Foreign Relations § 403.

In re Lehman Bros. Holdings Inc.

544 B.R. 62 · United States Bankruptcy Court, S.D. New York · Dec 29, 2015

Here, by contrast, Spanish Broadcasting clearly manifested its intent to relinquish its right to consequential damages when it agreed to include language in the Credit Agreement stating that it “irrevocably and unconditionally … Trautman and Kearns as "purported” experts because neither has been qualified as an expert under the Federal Rules of Evidence. See Reply at 19; Fed.R.Evid. 702. .

Shameka Watson

United States Bankruptcy Court, S.D. New York · Jan 23, 2020

 HUD does not have the authority to dissolve Bryant Associates for failure to comply with any regulations or guidelines (id. ¶ 109); and  Bryant Associates does not have sovereign immunity … A less settled question, however, is whether a private landlord receiving Section 8 Program subsidies also qualifies as a “governmental unit.”

Yosef A. Maiman & Merhav (M.N.F.) Ltd. v. Spizz (In re Ampal-American Israel Corp.)

554 B.R. 604 · United States Bankruptcy Court, S.D. New York · Jul 18, 2016

arguments, the Trustee indicated that (i) the Discovery Order had not been and would not be violated, as the confidential files were maintained by Goldstein on a separate hard drive maintained under lock and key, and as TKD had established … Finally, the trustee bears the burden of demonstrating that the professional he seeks to employ is qualified for the appointment.

In re Soundview Elite Ltd.

594 B.R. 108 · United States Bankruptcy Court, S.D. New York · Nov 6, 2018

Thus, the undisputed facts clearly establish that the $4 million transfer brought in no consideration for Soundview, and that Fletcher's decision to execute the transaction cannot be defended on its merits. … Varga's methods are facially reasonable and, additionally, his decades of experience in the field of insolvency accounting would surely qualify him as an expert at trial. 9 See Varga Dec'l. at ¶ 3.

Wedtech Corp. v. Denlinger (In Re Wedtech Corp.)

121 B.R. 286 · United States Bankruptcy Court, S.D. New York · Nov 13, 1990

Pursuant to the Small Business Administration Section 8(a) program allowing qualified minority businesses to receive government contracts without competitive bidding, Wedtech actively sought and was awarded various Defense … Ill THE FIRST CLAIM The face of Section 720 clearly establishes that liability cannot attach to a transferee without knowledge of unlawfulness: (a) An action may be brought against one or more directors or officers of a corporation

In Re Crystal Apparel, Inc.

220 B.R. 816 · United States Bankruptcy Court, S.D. New York · Apr 16, 1998

It is well established that court approval is required for assumption. See e.g. In re Thinking Machs. … Apparently they offer this evidence to establish a course of conduct by the Debtors or to establish what the law is or to try to gain sympathy by measuring their situation against someone else's.

Fairfield Sentry Ltd. v. Theodoor GGC Amsterdam (In re Fairfield Sentry Ltd.)

596 B.R. 275 · United States Bankruptcy Court, S.D. New York · Dec 6, 2018

Clearly, the contract to redeem under the Articles was not illegal. … The Defendants maintain that the Liquidators' pleadings establish this defense.

Leading Manufacturer Pte. Ltd. v. Bradlees Stores, Inc. (In Re Bradlees Stores, Inc.)

313 B.R. 565 · United States Bankruptcy Court, S.D. New York · Aug 27, 2004

The Standard of Review A bankruptcy court’s findings of fact are reviewed under a clearly erroneous standard. Key Mechanical Inc. v. BDC 56 LLC (In re BDC 56 LLC), 01 Civ. 10169, 2002 WL 449856 , at *2 (S.D.N.Y. … Bradlees argues that the Appellants have failed to meet their burden of establishing anticipatory repudiation because Appellants did not present any evidence “in the Bankruptcy Court to establish that [Bradlees’] purported