Case law

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

Maxwell Macmillan Realization Liquidating Trust v. Aboff (In re Macmillan Inc.)

186 B.R. 35 · United States Bankruptcy Court, S.D. New York · Aug 9, 1995

Therefore, depending on the circumstances present in a given case, evidence may qualify as a “duplicate original” under Rule 1003, thus meeting the “original writing” rule’s requirements head on, or it may qualify as secondary … If Aboff is correct, then he would have owed certain fiduciary obligations to Macmillan, clearly distinguishing this case from Shearson on at least two grounds, first, that Aboff could not be considered a third party and,

Scherling v. Ehrenkranz (In Re Eljay Jrs., Inc.)

106 B.R. 775 · United States Bankruptcy Court, S.D. New York · Oct 27, 1989

After the case was converted to Chapter 7 in January 1988, Plaintiff was appointed interim trustee, then qualified as trustee. … If the statute applies, then clearly the 1977 designation with respect to the Phoenix policies would not comply with it.

In Re Arcade Publishing, Inc.

455 B.R. 373 · United States Bankruptcy Court, S.D. New York · Aug 9, 2011

The Supreme Court has stated that “ ‘[creditors’ entitlements in bankruptcy arise in the first instance from the underlying substantive law creating the debtor’s obligations, subject to any qualifying or contrary provisions … "Typically, judicial estoppel will apply if 1) a party's later position is 'clearly inconsistent’ with its former, 2) the court in the earlier proceeding adopted in some way the party’s former position, and 3) the party asserting

Ames Department Stores, Inc. v. Lumbermens Mutual Casualty Co. (In re Ames Department Stores, Inc.)

542 B.R. 121 · United States Bankruptcy Court, S.D. New York · Dec 7, 2015

In this case, this Court is more qualified to decide the issues of bankruptcy law, and is' equally qualified to interpret non-Illinois state law. 137 For these reasons, I determine that the Illinois insolvency statutes will … The claims based on that judgment would be satisfied subject to the terms of the rehabilitation plan and the priorities established by Virginia law.

Securities Investor Protection Corp. v. Stratton Oakmont, Inc.

234 B.R. 293 · United States Bankruptcy Court, S.D. New York · May 7, 1999

Clearly, if the underlying promise does not exist, then a transfer in reliance on that absent promise cannot exist either. … To qualify as a subsequent transferee, one must have dominion and control over the funds or property one receives.

In Re WorldCom, Inc.

358 B.R. 585 · United States Bankruptcy Court, S.D. New York · Dec 14, 2006

Chiptoff maintains that even if the August Switch was authorized by his signing the Check, the November Switch was clearly unauthorized. … The Superior Court never issued a ruling that Chiptoff qualified as a private attorney general.

Bank of America, N.A. v. Lehman Bros. Holdings Inc. (In Re Lehman Bros. Holding Inc.)

439 B.R. 811 · United States Bankruptcy Court, S.D. New York · Nov 16, 2010

The language, thus, specifies that in order to qualify for the exception the security agreement must be part of or must relate to a swap agreement. … Accordingly, BOA’s conduct does not qualify for the exception set forth in section 362(b)(17) based on the very same record considered by the Court in finding that BOA is unable under these facts to establish its right to

In Re Board of Directors of Hopewell International Insurance

272 B.R. 396 · United States Bankruptcy Court, S.D. New York · Jan 17, 2002

When the English administrators of the company, acting in the U.S. case, sought to sue a British bank to avoid a transaction that was arguably a preference under U.S. law but likely immune in the U.K., the bank asked the … When the Court then said, "I think that is established,” counsel affirmatively misstated, "It is established. It’s established in Bermuda and New York.”

JPMorgan Chase Bank, N.A. v. Charter Communications Operating, LLC (In Re Charter Communications)

419 B.R. 221 · United States Bankruptcy Court, S.D. New York · Nov 17, 2009

What this demonstrates is that valuation is a malleable concept, tough to measure and tougher to pin down without a host of explanations, sensitivities and qualifiers. … The extensive record establishes that the CII Settlement is fair and equitable.

In Re Chrysler LLC

405 B.R. 84 · United States Bankruptcy Court, S.D. New York · May 31, 2009

Clearly, that issue is not before this Court. … Treasury and the UAW, [was] determined by the Debtors in the exercise of their fiduciary duties to be a Qualified Bid.” 26 .

Bayou Accredited Fund, LLC v. Redwood Growth Partners, L.P. (In Re Bayou Group, LLC)

396 B.R. 810 · United States Bankruptcy Court, S.D. New York · Oct 16, 2008

Marino clearly stated that he was unwilling to share your side with us so we are left only with the story of your accuser. … The Bayou Funds’ insolvency during the Testing Period is most clearly demonstrated in Exhibit 4. Id. at 7. Section VII of the Report sets forth Len-hart's “Analysis and Conclusions.”

In Re Fairfield Sentry Ltd.

452 B.R. 52 · United States Bankruptcy Court, S.D. New York · May 23, 2011

The court itself could not have stated so any more clearly: “Nothing in this decision should be read to decide the ultimate issue: whether § 108 is available to foreign representatives.” … The court thus qualified its language pertaining to the Section 108 issue as “identifying the potential weaknesses of *62 the foreign representatives’ arguments ... simply ... to show that the issue is not as uncontroversial

In re Ampal-American Israel Corp.

502 B.R. 361 · United States Bankruptcy Court, S.D. New York · Dec 16, 2013

Standing The party invoking federal jurisdiction bears the burden of establishing its standing. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992). … To qualify for standing under Article III, “a claimant must present an injury that is concrete, particularized, and actual or imminent; fairly traceable to the defendant’s challenged behavior; and likely to be redressed by

Matter of Barney Schogel, Inc.

12 B.R. 697 · United States Bankruptcy Court, S.D. New York · Jun 19, 1981

That section states: “Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. … industry, it is true that “[a] course of dealing between parties and any usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware give particular meaning to and supplement or qualify

Petition of Brierley

145 B.R. 151 · United States Bankruptcy Court, S.D. New York · Aug 4, 1992

The burden rests on the moving party to clearly establish the absence of a genuine issue as to any material fact. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 , 90 S.Ct. 1598, 1608 , 26 L.Ed.2d 142 (1970). … the court of appeals reversed a decision which held that a West German bankruptcy trustee was precluded from commencing an ancillary case because the debtor in the foreign case — an insolvent decedent’s estate — did not qualify

Bonwit Teller, Inc. v. Jewelmasters, Inc. (In Re Hooker Investments, Inc.)

162 B.R. 426 · United States Bankruptcy Court, S.D. New York · Jan 6, 1994

The Plan clearly and unequivocally contemplated the commencement of postcon-firmation preference actions by the Committee. … The Confirmation Order also clearly contemplates post-confirmation preference actions.

Mega Newco Limited and Ignacio Javier Gonzalez Delgadillo

United States Bankruptcy Court, S.D. New York · Feb 24, 2025

If restructuring activities alone were sufficient, then any proceeding in which a debtor sought relief would automatically qualify as a “foreign nonmain proceeding,” and the requirement of an “establishment” would be deprived … Clearly, the structure before me could be used in another case as a way of frustrating and thwarting the legitimate expectations of creditors.

In Re Armenakis

406 B.R. 589 · United States Bankruptcy Court, S.D. New York · May 22, 2009

Smithbuilt contends that “the May 2, 2005 Judgment to sell the apartment Shares and associated proprietary lease doe [sic] not qualify as a judicial lien. … The Maylin court stated that “consistent with § 522(l), Rule 4003 and Taylor , the debtor can establish entitlement to an exemption, prima facie, by listing it specifically on his or her the schedules, designating clearly

Mishkin Ex Rel. Liquidation of the Business of Adler, Coleman Clearing Corp. v. Ensminger (In Re Adler, Coleman Clearing Corp.)

247 B.R. 51 · United States Bankruptcy Court, S.D. New York · Dec 15, 1999

L. § 272 , § 548 is not so qualified in assess *107 ing whether the transferor received reasonably equivalent value. … We have already determined that Norris qualifies as an expert. See Ensminger III, 1998 WL 160039 , *5-8.