Case law

Hudson Valley Water Resources, Inc. v. Boice (In Re Boice)

149 B.R. 40 · United States Bankruptcy Court, S.D. New York · Dec 17, 1992

A statement concerning the ownership of assets clearly qualifies as a statement regarding a debtor’s financial condition. … Second, reckless disregard of the truth is established by a pattern of falsity.

In re Grubb & Ellis Co.

478 B.R. 622 · United States Bankruptcy Court, S.D. New York · Oct 2, 2012

The Debtors also argue that even if the Former Agents could establish that their claims are based on postpetition transactions, the motion must still be denied because they fail to establish that they afforded any benefit … The Former Agents’ arguments cannot withstand the clearly-established case law that holds that commissions received postpetition for deals that were procured prepetition simply cannot be classified as administrative expense

In Re Chateaugay Corp.

111 B.R. 67 · United States Bankruptcy Court, S.D. New York · Mar 7, 1990

(Claimants’ Memorandum of Law Establishing Bankruptcy Court’s Lack Of Jurisdiction at 6). … Allowing or disallowing claims is clearly a separate and distinct function from liquidating or estimating that claim.

45 John Lofts, LLC v. Meridian Capital Grp. LLC (In re 45 John Lofts, LLC)

599 B.R. 730 · United States Bankruptcy Court, S.D. New York · Apr 24, 2019

The Court cannot conclude on these facts, construed in a light most favorable to Plaintiff, that the safe harbor affirmative defense has been clearly established. … The Complaint does not establish, for example, that the ownership interests in the Zhu Buy-Out qualify as securities.

Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC

401 B.R. 629 · United States Bankruptcy Court, S.D. New York · Feb 24, 2009

In order to foster its purpose, SIPA establishes procedures for liquidating financially troubled SIPC members 5 and provides claimants who qualify as “Customers” 6 priority over “Customer Property.” 7 New Times Securities … Accordingly, Rosenman clearly qualifies as a BMIS Customer and can share in Customer Property.

In Re Chateaugay Corp.

102 B.R. 335 · United States Bankruptcy Court, S.D. New York · Jun 29, 1989

The so-called sale of qualified TBT property is generally made for an amount equal to or approximating the qualified TBT property’s adjusted basis (original cost) at the time the property is put into service. … Frito-Lay maintains, however, that it believes it will be able to establish at trial that it is entitled to an administrative priority status.

In Re the 1031 Tax Group, LLC

374 B.R. 78 · United States Bankruptcy Court, S.D. New York · Aug 13, 2007

The evidentiary record also clearly establishes that Lukenda and Moran had no prior association with Okun or the Debtors. … They are experienced professionals clearly qualified for the important roles they have been appointed or elected by the Debtors to fill. With the ultimate burden then shifted back to the U.S.

In Re Bayou Group, LLC

431 B.R. 549 · United States Bankruptcy Court, S.D. New York · Apr 5, 2010

Timm, 502 U.S. 410, 418 , 112 S.Ct. 773 , 116 L.Ed.2d 903 (1992) (“Congress must have enacted the Code with a full understanding of this [clearly established] practice.”). … To qualify, the direct benefit must be a substantial net benefit. In re Granite Partners, 213 B.R. at 446 .

Holland Industries, Inc. v. United States (In Re Holland Industries, Inc.)

103 B.R. 461 · United States Bankruptcy Court, S.D. New York · Jun 28, 1989

. § 7421 (1989), the Court lacks jurisdiction to prevent the IRS from attempting to collect taxes from non-debtors, and that the *464 United States has not waived its sovereign immunity. … the issue of the validity vel non of the IRS liens on non-debtor property bears such a direct nexus to Congress’ exercise of its Article I bankruptcy power, similar to the items enumerated in 28 U.S.C. 157(b)(2), that it qualifies

In Re Mims

438 B.R. 52 · United States Bankruptcy Court, S.D. New York · Oct 27, 2010

McKinney’s Real PROPERTY Law § 258 [Schedule 0], contains a form “Assignment of Mortgage” which clearly assigns both the mortgage and the underlying debt. … As Wells Fargo has failed to prove it owns the Note, it has failed to establish that it has standing to pursue its state law remedies with regard to the Mortgage and Property. C.

United States Lines (S.A.), Inc. v. United States (In Re McLean Industries, Inc.)

132 B.R. 247 · United States Bankruptcy Court, S.D. New York · Sep 17, 1991

Sovereign Immunity An action under 11 U.S.C. § 547 (b) to recover an alleged preferential transfer from a governmental unit requires a waiver of sovereign immunity. Hoffman v. … This Circuit clearly does not require an “absolute identity of factual backgrounds.” Id.

Lehman Bros. Holdings Inc. v. JPMorgan Chase Bank, N.A. (In Re Lehman Bros. Holdings Inc.)

469 B.R. 415 · United States Bankruptcy Court, S.D. New York · Apr 19, 2012

JPMC qualifies for protection under section 546(e). The Court first must consider whether JPMC is eligible for protection under section 546(e). … That subsection, like the safe harbors generally, applies only to certain types of qualifying entities.

In Re Bear Stearns High-Grade Structured Credit Strategies Master Fund, Ltd.

374 B.R. 122 · United States Bankruptcy Court, S.D. New York · Sep 5, 2007

Clearly, even if I were to strain to find sufficient factors to satisfy the “nonmain” eligibility status pursuant to section 1502(5), the effort does not yield a finding of a seat for local business activity (proxy for establishment … Court granted recognition without distinguishing between main and nonmain proceeding because the foreign proceeding clearly qualified as one or the other and the relief sought-recognition of the injunction contained in the

Shugrue v. Fischer (In Re Ionosphere Clubs, Inc.)

164 B.R. 839 · United States Bankruptcy Court, S.D. New York · Feb 18, 1994

Although that factual scenario is somewhat analogous to the case at bar, it is clearly distinguishable. … The government in Cherry “sought neither immunity nor priority.” Cherry, 327 U.S. at 540 , 66 S.Ct. at 712 .

In Re Pan Am Corp.

124 B.R. 960 · United States Bankruptcy Court, S.D. New York · Mar 18, 1991

A plain reading of section 1110 would dictate the terms lease and lessor be given its ordinary meaning and not be qualified in any fashion. … Clearly, the Debtors were in need of increased working capital.

In Re Worldcom, Inc.

352 B.R. 369 · United States Bankruptcy Court, S.D. New York · Sep 13, 2006

The Debtors also assert that TSI has not established that they should be sanctioned. … Also, TSI has not shown that the Debtors asserted a claim clearly devoid of any chance of success. Therefore, sanctions are not warranted under Federal Rule of Bankruptcy Procedure 9011.

ABF Capital Management v. Kidder Peabody & Co. (In Re Granite Partners, L.P.)

210 B.R. 508 · United States Bankruptcy Court, S.D. New York · Jul 16, 1997

Further, committee members enjoy qualified immunity for the actions they take within the scope of the authority conferred upon them by statute or the court, Philip v. L.F. Rothschild Holdings, Inc. (In re L.F. … Rothschild Holdings, Inc.), 163 B.R. 45, 49 (S.D.N.Y.1994); see 7 Colliers ¶ 1103.05[4], at 1103-32, and to overcome this qualified immunity, the party challenging the member’s actions must plead and prove wilful misconduct

In re MF Global Inc.

512 B.R. 757 · United States Bankruptcy Court, S.D. New York · Jul 17, 2014

This requires two findings: “First, class counsel must be qualified, experienced and generally able to conduct the litigation. Second, the class members must not have interests that are antagonistic to one another.” … (See Order Granting Trustee’s Expedited Application Establishing Parallel Customer Claims Processes and Related Relief (the "Claims Process Order,” ECF Doc. # 423)). .

In Re Westchester Cty. Civ. Serv. Emp. Ben. Fund

111 B.R. 451 · United States Bankruptcy Court, S.D. New York · Mar 19, 1990

The debtor is an employee benefit trust fund established on February 9, 1981, by a written charter entitled "Agreement and Declaration of Trust". … It is a separate trust fund established by a labor union and is governed by trustees under an "Agreement and Declaration of Trust".

Conn v. Dewey & LeBoeuf LLP (In re Dewey & LeBoeuf LLP)

507 B.R. 522 · United States Bankruptcy Court, S.D. New York · Apr 10, 2014

Moreover, “[t]he party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish [the movant’s] right to judgment as a matter of law.” … Moreover, one court in this district explicitly found that “the statute and regulations clearly provide that an employer cannot invoke either [Exception without giving some written WARN notice.” Barnett v.