Case law

In Re Enron Corp.

300 B.R. 201 · United States Bankruptcy Court, S.D. New York · Oct 21, 2003

The claimant has the burden of establishing entitlement to the priority. Drexel, 134 B.R. at 489 . B. Employment Agreement i. … The Termination Payment clearly falls within the parameters of a released claim.

Gluck v. Seaboard Surety Co. (In Re Eastern Freight Ways, Inc.)

9 B.R. 653 · United States Bankruptcy Court, S.D. New York · Feb 19, 1981

Accordingly, Chase says that summary judgment is clearly appropriate for interpretation of the language contracting parties write is a purely legal issue in light of acknowledged principles such as that recited in Venizelos … The letter of credit, unlike a guaranty, creates a primary obligation on the part of the issuer, not qualified by or dependent on performance by anyone else and whose obligation is exclusively defined by the credit.

In re Oi Brasil Holdings Coöperatief U.A.

578 B.R. 169 · United States Bankruptcy Court, S.D. New York · Dec 4, 2017

But this statement, made in a single footnote and unrepeated elsewhere, was clearly dicta. … This is clearly incorrect. .

Enron Corp. v. Arora (In Re Enron Corp.)

317 B.R. 629 · United States Bankruptcy Court, S.D. New York · Dec 13, 2004

Certain qualified executive employees (known as “Top-Hat” employees) of Enron or its affiliates were permitted under the Deferral Plans to defer current earnings and, thereby, defer taxes on the amounts deferred. … (In re Bennett Funding Group, Inc.), 259 B.R. 243 (N.D.N.Y.2001), as follows: [W]hen a party seeks to transfer on account of the convenience of witnesses under § 1404(a), he must clearly specify the key witnesses to be called

Hosking v. TPG Capital Management, L.P. (In re Hellas Telecommunications (Luxembourg) II SCA)

555 B.R. 323 · United States Bankruptcy Court, S.D. New York · Aug 22, 2016

(Id. at 3.) *340 Moreover, the Plaintiffs argue that there are no grounds to conclude that this Court is less qualified than a U.K. court to understand the Luxembourg panel’s decision. (Id. at 18.) … July 24, 1996) (stating that the time constraints established by Fed. R. Civ.

In Re Worldcom, Inc.

343 B.R. 412 · United States Bankruptcy Court, S.D. New York · May 4, 2006

failed to inform or adequately disclose that the 50% savings was from the other carriers non-discounted phone services, that the rates did not apply to all calls, and that there was a minimum time requirement for calls to qualify … However, in Martin , when the class certification orders were issued, they were "clearly final and appealable interlocutory orders.” Id.

In Re JMK Construction Group, Ltd.

441 B.R. 222 · United States Bankruptcy Court, S.D. New York · Dec 9, 2010

The bankruptcy court determined that Copeland & *236 Bieger was not qualified to represent two of the debtor entities under section 327 of the Bankruptcy Code. … Kopf clearly disposed of property “other than in the ordinary course of business,” something that cannot be done without court approval. 5 See 11 U.S.C. § 363 (b)(1).

Sears Holdings Corporation

United States Bankruptcy Court, S.D. New York · May 15, 2023

Co., 547 U.S. 651, 667 (2006) (“To give priority to a claimant not clearly entitled thereto is not only inconsistent with the policy of equality of distribution; it dilutes the value of the priority for those creditors … Or. 2021) (observing that “[i]t is far from clear that . . . electricity . . . qualifies as goods [under] [Section] 503(b)(9).”), aff’d sub nom. PacifiCorp v. N. Pac.

Michael Grabis

United States Bankruptcy Court, S.D. New York · Dec 6, 2021

That is because in making that evaluation a debtor must establish, among other things, that he has made good faith efforts to repay the debt he seeks to discharge. … He stated that “[t]his firm is clearly culpable in these actions and Judge Garrity withheld previously requested conflicts of interest to be revealed to the court.” Id.

Grabis v. Navient Solutions, LLC

United States Bankruptcy Court, S.D. New York · Dec 6, 2021

That is because in making that evaluation a debtor must establish, among other things, that he has made good faith efforts to repay the debt he seeks to discharge. … He stated that “[t]his firm is clearly culpable in these actions and Judge Garrity withheld previously requested conflicts of interest to be revealed to the court.” Id.

Renco Grp., Inc. v. Wilmington Trust, Nat'l Ass'n (In re Magnesium Corp. of Am.)

583 B.R. 637 · United States Bankruptcy Court, S.D. New York · Mar 30, 2018

However, that case is clearly distinguishable. … Here, the Renco Group and Wilmington Trust disagree as to whether the Renco Group qualifies as a creditor pursuant to section 502(h).

In Re Granite Broadcasting Corp.

369 B.R. 120 · United States Bankruptcy Court, S.D. New York · May 18, 2007

with assets worth $15,000,000 and debts of $11,500,000, were to provide for the issuance of nothing but common stock having an aggregate par value of $10,000,000, all to be distributed to the old creditors, the plan would clearly … Excerpts from Sullivan’s deposition were admitted into *142 evidence, but he was not qualified as an expert, his work on the projections was never described in detail, and it was established that he knew very little about

Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC (In re Madoff)

522 B.R. 41 · United States Bankruptcy Court, S.D. New York · Dec 5, 2014

It is not “clearly inferior,” and indeed, is superior to the alternative championed by the Objecting Claimants. For these reasons, his chosen method is entitled to deference. … by, or the fund so held in trust has proceeded from, a person other than the judgment debtor, is exempt from application to the satisfaction of a money judgment,” and 5205(c)(2) states that certain trusts and plans that qualify

Balaber-Strauss v. New York Telephone (In Re Coin Phones, Inc.)

203 B.R. 184 · United States Bankruptcy Court, S.D. New York · Oct 10, 1996

The record establishes clearly that the responsible NYTel officials had full knowledge for months prior to July 20, 1989 that CPI disputed, rejected and refused to pay for all AT & T long-distance charges. … None of the witnesses relied upon by NYTel for these assertions was qualified as knowledgeable on the workings of OCS and BNS.

In Re Okura & Co. (America), Inc.

249 B.R. 596 · United States Bankruptcy Court, S.D. New York · Jun 15, 2000

If BTM’s participation interest qualifies as a claim against the estate of the Debtor that arose prior to the date that the Debtor filed its voluntary petition, then it is a creditor of the Debtor. … “Where the intention of the parties is clearly and unambiguously set forth, effect must be given to the intent as indicated by the language used.”

In Re DG Acquisition Corp.

208 B.R. 323 · United States Bankruptcy Court, S.D. New York · Apr 21, 1997

United States, 417 U.S. 85, 87 , 94 S.Ct. 2179, 2182 , 40 L.Ed.2d 678 (1974) (“It has long been established ... that the Fifth Amendment privilege against compulsory self-incrimination protects an individual from compelled … The elements of compulsion are clearly present, but the more difficult issues are whether the tacit averments of the [holder] are both “testimonial” and “incriminating” for purposes of applying the Fifth Amendment.

Windstream Holdings, Inc. v. Charter Communications, Inc.

United States Bankruptcy Court, S.D. New York · Feb 19, 2020

LEXIS 526 (2020) (“Orders in bankruptcy cases qualify as ‘final’ when they definitively dispose of discrete disputes within the overarching bankruptcy case.”); O’Toole v. … S.D.N.Y. 2012) (“Pre-Stern case law clearly established that, in such instances, bankruptcy courts may enter interlocutory orders; only entry of a final order or judgment requires the bankruptcy court to submit proposed

Bankruptcy Services, Inc. v. Ernst & Young (In Re CBI Holding Co.)

247 B.R. 341 · United States Bankruptcy Court, S.D. New York · Apr 5, 2000

Facts Establishing That E & Y’s Conduct Was The Proximate Cause Of the Damage 132. … Accordingly, the scienter element required to sustain a claim of fraud was established in this case. 27. Each of the other elements of common law fraud were also established by clear and convincing evidence.

Hannaford Bros. v. Ames Department Stores, Inc. (In Re Ames Department Stores, Inc.)

316 B.R. 772 · United States Bankruptcy Court, S.D. New York · Oct 14, 2004

But the fact that Vickerry conveyed a portion of Tract # 1 to Home Depot is not relevant, as Home Depot — aside from being another retailer — clearly was a “successor or assign” of Vickerry’s. 87 New Hampshire courts have … See In re E-Z Serve Convenience Stores, Inc., 289 B.R. 45, 50 (Bankr.M.D.N.C.2003) ("[T]he court retains some discretion in determining whether a lease provision that does not explicitly prohibit assignment qualifies as a

Coated Sales, Inc. v. First Eastern Bank, N.A. (In Re Coated Sales, Inc.)

144 B.R. 663 · United States Bankruptcy Court, S.D. New York · Sep 16, 1992

A: Well, consultants specifically write these reports and qualify themselves so they don’t have to answer that question. Q: Okay. … The evidence established at trial suggests that the writedown of the Westmont inventory was appropriate.