Case law

Official Committee of Unsecured Creditors v. UMB Bank, N.A. (In re Residential Capital, LLC)

501 B.R. 549 · United States Bankruptcy Court, S.D. New York · Nov 15, 2013

Thus, a mortgage loan listed as AFI LOC collateral on the Debtors’ books and records would qualify as a Sub- *565 jeet Mortgage Loan that was released. … The Nationstar APA states clearly that the purchased assets are “Related to the Business.” (PX 33 at 38.)

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

In Re MF Global Inc.

464 B.R. 594 · United States Bankruptcy Court, S.D. New York · Dec 27, 2011

Finally, in its Third Disclosure Statement, HHR established that JPMC is not a current client of HHR, and its work for JPMC in the past has been limited. … The Court is cognizant of the chaotic events and need for prompt action in appointing a qualified trustee in the event that a broker-dealer requires liquidation under SIPA, such as occurred in this case.

Liquidation Trust v. Daimler AG (In Re Old Carco LLC)

435 B.R. 169 · United States Bankruptcy Court, S.D. New York · Jul 27, 2010

The Daimler Entities assert that, notwithstanding the fact that it was not quoted from extensively or expressly incorporated, the document was clearly referred to in the drafting of the Complaint. 13 The Daimler Entities … Count IV of the Complaint, however, is dismissed with prejudice because the payment of a legitimate antecedent debt qualifies as fair consideration when made to a non-insider.

In Re Enron Corp.

341 B.R. 141 · United States Bankruptcy Court, S.D. New York · May 2, 2006

This is clearly a claim for damages. … This statement should be qualified. The Bankruptcy Code does not distinguish between claims on the basis of the creditor’s "need” or the equities favoring the creditor.

Sapir v. Hudson Realty Co. (In Re Rosalind Gardens Associates)

157 B.R. 75 · United States Bankruptcy Court, S.D. New York · Aug 2, 1993

On October 16, 1989, the case was converted for liquidation under Chapter 7 of the Bankruptcy Code and a Chapter 7 trustee was appointed and qualified to act as such. … In affirming this court’s decision, the District Court held: If, as the pleading clearly shows, the mortgage was a non-recourse obligation limited to the collateral described therein, and no deficiency judgment was issued

Drennen v. Certain Underwriters at Lloyd's of London (In re Residential Capital, LLC)

563 B.R. 756 · United States Bankruptcy Court, S.D. New York · Oct 21, 2016

It found that, although the matter is non-core, the factors established by the Second Circuit in Orion Pictures Corp. v. Showtime Networks, Inc. … As the Plaintiffs’ allegations in the Complaint clearly arise out of and relate to the respective insurance policies, these disputes are covered by the arbitration clauses.

In re Residential Capital, LLC

497 B.R. 720 · United States Bankruptcy Court, S.D. New York · Sep 13, 2013

Resolution of the FGIC Claims and the FGIC Trustee Claims against the Debtors clearly facilitates the administration of the estates and affects the liquidation of the assets of the estate. 2. … This is true notwithstanding the fact that under the TIA, a qualified indenture must not contain any provisions relieving the indenture trustee from liability for its own negligence, failure to act, or willful misconduct.

In Re MacMillan Inc.

186 B.R. 35 · United States Bankruptcy Court, S.D. New York · Aug 15, 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,

In Re Old Carco LLC

452 B.R. 100 · United States Bankruptcy Court, S.D. New York · Jul 25, 2011

when “clearly authorized by Congress.” … Clearly, that’s within the control of the company as to how those economic conditions affected them." (Emphasis supplied.) 21 .

Food Management Group, LLC v. Matrix Realty Group, Inc. (In Re Food Management Group, LLC)

372 B.R. 171 · United States Bankruptcy Court, S.D. New York · Jul 25, 2007

Accordingly, the first element of plaintiffs’ case—the existence of a valid and enforceable contract—has been established. B. … We clearly understand how that is necessary to enhance and maintain brand equity and maximize a store’s profits!

Texaco Inc. v. Sanders (In Re Texaco Inc.)

182 B.R. 937 · United States Bankruptcy Court, S.D. New York · May 15, 1995

A bankruptcy court is undoubtedly the best qualified to interpret and enforce its own orders including those providing for discharge and injunction and, therefore, should not abstain from doing so. … All of the physical events required to establish the elements of causation and damage for such claims occurred prior to confirmation.

In Re La Toya Jackson

434 B.R. 159 · United States Bankruptcy Court, S.D. New York · Aug 5, 2010

The CTA also established a distribution scheme governing disbursements from the Trust, requiring the Trustee 4 to distribute proceeds from the Trust to fully satisfy all administrative expense claims 5 before making any distributions … A contract is unambiguous if the language it uses has ‘a definite and precise meaning.’ ”) (citation omitted). 27 Even if the Court were to find ambiguity in the CTA, the intent of the parties clearly militates against extending

Agro Santino OOD and Yordanka Ivanova Panchovska

United States Bankruptcy Court, S.D. New York · Jul 24, 2023

The proceedings are governed by the Bulgarian Bankruptcy Law, which establishes the Bulgarian insolvency regime. Id. ¶ 18. … The Fifth Circuit found that the Working Group “clearly intended to include foreign representatives of proceedings in which a debtor in possession remains in control of its assets” and that “the National Bankruptcy Review

In Re Columbia Ribbon & Carbon Manufacturing Co.

54 B.R. 714 · United States Bankruptcy Court, S.D. New York · Oct 22, 1985

But see In re Electronic Computer Programming Institute of Fresno, Inc., 16 C.B.C. 236 , 238 (Bankr.S.D.N.Y.1978) (“Recent case law has established that, in order to prevent patent injustice, a bankruptcy court may admit … The Code now clearly divides late claims into two categories: those belonging to creditors with notice sufficient to file a timely proof of claim and those without such notice.

Matter of WT Grant Co.

85 B.R. 250 · United States Bankruptcy Court, S.D. New York · Feb 2, 1988

Consequently, the Multiponics court, supra, awarded compensation only for those activities that were clearly beneficial to the estate. … In summary, fulfillment of an indenture trustee’s duties are compensable if they clearly benefit the estate and are non-dupli-cative.

Ditech Holding Corporation

United States Bankruptcy Court, S.D. New York · Jan 4, 2024

She clearly connects Ditech’s alleged action—failure to substantively respond to the Request—with a legal basis that prohibits that action—RESPA. Id. at 2. … A non-party qualifies as an intended beneficiary if, for example, the promisor’s obligations were rendered directly to that non-party. Levin v.

Official Committee of Unsecured Creditors of Sunbeam Corp. v. Morgan Stanley & Co. (In Re Sunbeam Corp.)

284 B.R. 355 · United States Bankruptcy Court, S.D. New York · Oct 18, 2002

alleged failure to distinguish between itself and MSSF in Morgan Stanley’s engagement letter to Sunbeam or in the Note Offering because in both instances, despite the Committee’s allegation to the contrary, Morgan Stanley clearly … Noyes (In re STN Enterprises), 779 F.2d 901, 904 (2d Cir.1985), the Second Circuit found that pursuant to 11 U.S.C. §§ 1103 (c)(5) and 1109(b), a creditors’ committee has a qualified right to initiate an action against a

Molner v. Reed Smith LLP

United States Bankruptcy Court, S.D. New York · Apr 30, 2021

could be brought outside of bankruptcy, those claims so closely involve the administration of the Aramid Bankruptcy, and at least in substantial part depend on proof of events that occurred in that proceeding, that they qualify … This conclusion is borne out by the Summons’s explanation of alleged damages, which clearly arose at least in large part during the bankruptcy.

In Re Hourani

180 B.R. 58 · United States Bankruptcy Court, S.D. New York · Apr 10, 1995

However, a system that does not clearly distinguish at all is suspect. e. Section 304(c)(5) — Comity. … While this may be true, it does not establish that FIRREA is inconsistent with this country’s notions of fairness.