Case law

AP Industries, Inc. v. SN Phelps (In Re AP Industries, Inc.)

117 B.R. 789 · United States Bankruptcy Court, S.D. New York · Jul 26, 1990

It is axiomatic that a duly qualified trustee in bankruptcy represents the estate and is the only proper party to maintain any action under Code § 5J)b(b) ■ ■ ■ and that the creditors of the estate have no right to proceed … Even under the stricter standards of the Second Circuit for injunc-tive relief pursuant to Federal Rule 65, the Debtor has clearly met its burden.

In Re Dunmore Homes, Inc.

380 B.R. 663 · United States Bankruptcy Court, S.D. New York · Jan 14, 2008

In considering change of venue motions, courts often look to the criteria established in two circuit court decisions to evaluate the interests of justice and convenience of parties —In re Manville Forest Prod. … In this case, California clearly has a greater interest in the outcome of this case for both the Debtor and the creditors.

Silverman v. Actrade Capital, Inc. (In Re Actrade Financial Technologies Ltd.)

337 B.R. 791 · United States Bankruptcy Court, S.D. New York · Jun 23, 2005

did not find that the prior lender whose debt was repaid had acted in good faith, but held that “bad faith does not appear to be an articulable exception to the broad principle that ‘the satisfaction of a preexisting debt qualifies … The Court rejected that argument, stating that § 549 contained no such exception and that “[a]b-sent a clearly expressed legislative intent to the contrary, the language of a statute must ordinarily be regarded as conclusive

Ball v. Soundview Composite Ltd. (In re Soundview Elite Ltd.)

543 B.R. 78 · United States Bankruptcy Court, S.D. New York · Jan 4, 2016

In -light of Solon’s change in status, the June 2013 Midanek Letter cannot qualify as an admission, and it will be excluded and not relied upon by the Court on this motion. 8. … Hereafter, instead of accompanying "shareholder” with the qualifier "with an economic interest” every time, the Court will simply refer to Elite' as Composite's only shareholder. .'

Stuart Pivar

United States Bankruptcy Court, S.D. New York · Feb 27, 2024

If the debtor has fewer than twelve creditors, a single qualified creditor may commence an involuntary case, see 11 U.S.C. § 303(b)(2).” ). … Pivar clearly did not sign” it. Id. at 9. Accordingly, Pivar asserts that he is entitled to fees and costs.

In Re International Banking Corp. B.S.C.

439 B.R. 614 · United States Bankruptcy Court, S.D. New York · Nov 23, 2010

An attempt to draft such a definition (and to establish criteria according to which a particular category of creditors might receive special treatment) would not only show the difficulty of crafting such a definition but … Their secured status does not, however, immunize their liens from attack under Bahraini law any more than it would under United States law.

Manville Corp. v. Equity Security Holders Committee (In Re Johns-Manville Corp.)

66 B.R. 517 · United States Bankruptcy Court, S.D. New York · Oct 28, 1986

The evidence adduced at that hearing, relied upon herein, clearly established the serious threat and real jeopardy that will be posed to this reorganization if the shareholders are permitted to call for that meeting. 1. … by the Second Circuit has been established.

Rosenberg v. XO Communications, Inc. (In Re XO Communications, Inc.)

330 B.R. 394 · United States Bankruptcy Court, S.D. New York · Sep 23, 2005

“The party seeking summary judgment bears the burden of establishing that no genuine issue of material facts exists and that the undisputed facts establish [his or] her right to judgment as a matter of law.” … The Second Circuit also emphasized that “[t]he potential for abuse is heightened when releases afford blanket immunity.” Id.

In Re. General Growth Properties, Inc.

409 B.R. 43 · United States Bankruptcy Court, S.D. New York · Aug 11, 2009

In a typical CMBS transaction, multiple mortgages are sold to a trust qualified as a real estate mortgage conduit (“REMIC”) for tax purposes. … The Court found that it was “clearly sound business practice for [the parent] to seek Chapter 11 protection for its wholly-owned subsidiaries when those subsidiaries were crucial to its own reorganization plan.” Id.

Lehman Bros. Special Financing Inc. v. Bank of America National Ass'n (In re Lehman Bros. Holdings Inc.)

553 B.R. 476 · United States Bankruptcy Court, S.D. New York · Jul 8, 2016

Had the proceeds from the Collateral been sufficient to make a distribution to LBSF under the Waterfall, that distribution would clearly have been made as part of the liquidation of the Swaps. … The calculation method simply establishes the amount of an obligation;' it does not .create or affect in any way a right to payment of that obligation. .

Global Crossing v. Alta Partners Holdings LDC (In Re Global Crossing Ltd.)

385 B.R. 52 · United States Bankruptcy Court, S.D. New York · Apr 8, 2008

Nor had even the existence of any other prospective defendants in these actions (much less their actual identities) yet been established. … While this is not identical to a case where “John Doe” in the caption is clearly a placeholder for an unknown defendant (here, plaintiff named Cede specifically), the important point is that plaintiff lacked information about

DRIVETRAIN, LLC, IN ITS CAPACITY AS TRUSTEE OF THE SUNEDISON LITIGATION TRUST v. EXPEDITORS INTERNATIONAL, EXPEDITORS INTERNATIONAL INC., EXPEDITORS INTERNATIONAL OF WASHINGTON, INC., AND EXPEDITORS INTERNATIONAL (UK) LTD.

United States Bankruptcy Court, S.D. New York · Jul 31, 2026

Clearly, paragraph 4 of the order empowered the Debtors to make payments to the lien claimants in exchange for continued service based on terms agreed to by both parties. … Norton, 70 U.S. 257, 262 (1865) (“Maritime liens are not established by the agreement of the parties....

In Re Adelphia Communications Corp.

441 B.R. 6 · United States Bankruptcy Court, S.D. New York · Nov 18, 2010

Myers Noteholders' entitlement to fees, which is otherwise uncontroversial, has been satisfactorily established. 4 . … Co., 547 U.S. 651, 655 , 126 S.Ct. 2105 , 165 L.Ed.2d 110 (2006) ("preferential treatment of a class *13 of creditors is in order only when clearly authorized by Congress”).

In Re NextWave Personal Communications Inc.

244 B.R. 253 · United States Bankruptcy Court, S.D. New York · Jan 31, 2000

The January 12 Declaration recites “delinquencies” in payment more than 90 days from July 31, 1998, delinquencies clearly falling within the post-petition period and clearly arising from the January 3, 1997 Notes. … All parties in interest, including the FCC, conducted themselves in a way which clearly demonstrated rebanee upon these assumptions.

Petition of Tam

170 B.R. 838 · United States Bankruptcy Court, S.D. New York · Aug 22, 1994

Among the defenses to the Amended § 304 Petition asserted by Hunnewell were that the voluntary winding up does not qualify as a “foreign proceeding” for purposes of § 304 and that the liquidators had denied him any information … As such, the Cayman Liquidation is clearly distinguishable from those cases involving non-judicial liquidations in which § 304 relief, or its equivalent, has *844 been granted. 9 We find that it is not a “foreign proceeding

Ditech Holding Corporation

United States Bankruptcy Court, S.D. New York · Feb 7, 2023

He also says that other documents produced were clearly not originals, seeming to be copies of copies. Id. … An exception to the broad immunity provided by the Florida litigation privilege occurs when the application of the privilege “would eviscerate [a] long-established cause of action.” See Debrincat v.

Lee Alexander Bressler - Adversary Proceeding

United States Bankruptcy Court, S.D. New York · Apr 29, 2020

The evidence clearly establishes that the Debtor failed to disclose his ownership interests, as described above. … The evidence clearly establishes that (i) the debtor knowingly and fraudulently; (ii) withheld from the Trustee recorded information, including books, documents, records and papers relating to the debtor’s property or financial

Lee Alexander Bressler

United States Bankruptcy Court, S.D. New York · Apr 29, 2020

The evidence clearly establishes that the Debtor failed to disclose his ownership interests, as described above. … The evidence clearly establishes that (i) the debtor knowingly and fraudulently; (ii) withheld from the Trustee recorded information, including books, documents, records and papers relating to the debtor’s property or financial

Wharton v. Shiver (In Re Shiver)

396 B.R. 110 · United States Bankruptcy Court, S.D. New York · Nov 5, 2008

The elements of a § 523(a)(2)(A) fraud claim are well established. … Haydu, 637 F.2d 391, 397 (5th Cir.1981) ("Under Florida law, a judgment is deserving of res judicata or collateral estoppel effect only if it qualifies as a final judgment.

In Re General Motors Corp.

407 B.R. 463 · United States Bankruptcy Court, S.D. New York · Jul 5, 2009

Turning beyond textual analysis to the caselaw, the Court has seen nothing to establish a violation of law. … Parker does not establish the injury-in-fact necessary to establish constitutional standing under Article III because “all holders of unsecured claims are receiving no less than what they would receive in a liquidation.”