Case law

TV Tokyo Corp. v. 4Kids Entertainment, Inc. (In re 4Kids Entertainment, Inc.)

463 B.R. 610 · United States Bankruptcy Court, S.D. New York · Dec 29, 2011

A wide variety of knowledge and experience can qualify a witness as an expert. … The answer is clearly yes. The Court finds that Mr.

In Re General Growth Properties, Inc.

412 B.R. 122 · United States Bankruptcy Court, S.D. New York · May 14, 2009

definition, such rights offering shall be deemed to be a Qualified Rights Offering for all purposes except that the Qualified Rights Offering Price Per Share in such case shall be deemed to be equal to the lowest price per … ) of Common Stock obtained by the General Partner and/or its Affiliates in a Qualified Rights Offering from any Qualified Backstop Party or any other purchaser in such rights offering and (ii) the POR reorganization value

Fairfield Sentry Limited (In Liquidation) v. Theodoor GGC Amsterdam

United States Bankruptcy Court, S.D. New York · Dec 14, 2020

transaction between non-qualifying participants, the Safe Harbor does not apply. … Once again, the Liquidators’ admission that redemptions were paid by Citco Bank establishes the necessary agency.

Bickerton v. Bozel S.A. (In Re Bozel S.A.)

434 B.R. 108 · United States Bankruptcy Court, S.D. New York · Aug 4, 2010

Wurth, which clearly articulated the proposition that private agreements that divest shareholders’ ad nuturn right to appoint and revoke directors are null. … Therefore, the Liquidator has established that he has a statutory right under BVI law to exercise control over the stock of the Debtor.

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

424 B.R. 122 · United States Bankruptcy Court, S.D. New York · Mar 1, 2010

See SIPA § ISlll (4) (defining “customer property”); In re Adler, Coleman Clearing Corp., 216 B.R. 719, 722 (Bankr.S.D.N.Y.1998) (“A person whose claim against the debtor qualifies as a ‘customer claim’ receives preferential … In fact, at certain times, Madoff customers, like the Fake Securities Claimants, held at least one imaginary security. 34 *140 The Objecting Claimants are also clearly distinguishable from the Real Securities Claimants in

In re: Edward L. Gibbs, II

United States Bankruptcy Court, S.D. New York · May 7, 2026

As noted, the property’s condition and location present a number of challenges to marketability, and unchallenged evidence shows that the house was marketed for approximately four years, including by a qualified broker … As noted above, the Court fully credits Debtor’s showing (and thus rejects Chase’s non-evidence-backed criticisms): the Debtor has made a clearly reasonable business judgment that the proposed sale is in the best interest

In Re Dayton Seaside Associates 2, L.P.

257 B.R. 123 · United States Bankruptcy Court, S.D. New York · Dec 22, 2000

The Private Housing Finance Law As noted above, each of the Debtors qualifies as a redevelopment company formed pursuant to Article V of the New York Private Housing Finance Law (PHFL), §§ 100 et seq. … The PHFL and the Original Agreement clearly require that an exemption be granted; its not, as the Debtors argue, that the City can be precluded from collecting taxes under the PHFL and the parties’ agreement. 7 In limited

Deborah J. Piazza, as Chapter 7 Trustee of George v. Pacific Maritime Industries Corp.

United States Bankruptcy Court, S.D. New York · May 25, 2022

There are some other provisions of the Code that do use such qualifying terms. … If the contract created an “antecedent debt” then the monthly advance payments would no longer qualify as “prepayments.”

In re Residential Capital, LLC

517 B.R. 462 · United States Bankruptcy Court, S.D. New York · Oct 6, 2014

(“Justification for resolution chosen is able to provide listing agreemnt [sic] that qualify for one month plan, to give time for spo [sic] in progress to get finalized.”).) … those fees were clearly caused by the wrongful filing of the Foreclosure Action.

United States Lines, Inc. v. American Steamship Owners Mutual Protection & Indemnity Ass'n (In Re United States Lines, Inc.)

169 B.R. 804 · United States Bankruptcy Court, S.D. New York · Jul 5, 1994

Without holding on the issue, the Supreme Court assumed that the “restructuring of debtor-creditor relations” qualifies as a public right. Granfinanciera, supra, 492 U.S. at 56, n. 11-12 , 109 S.Ct. at 2798 n. 11-12. … Moreover, the Trust’s obligations under the Plan clearly relate to the Debtors’ case and reorganization because the P & I policies are property of the Debtors’ estate and, by way of the Plan and Confirmation Order, constitute

In Re Urban Communicators PCS Ltd. Partnership

379 B.R. 232 · United States Bankruptcy Court, S.D. New York · Dec 11, 2007

But while the remainder would at least seemingly qualify for the exemption and pass muster under state law, that is not the end of the inquiry. … Coney Island’s legal conclusions are consistent with those addressed here and its facts are clearly distinguishable from those in the instant case.

Hahn v. Marks

United States Bankruptcy Court, S.D. New York · Dec 13, 2024

her actions were in violation of New York state laws before Debtor sent the June 2020 communications containing intimate images to Plaintiff from a friend’s Instagram account that Debtor had accessed; and the conduct clearly … Expert testimony by a doctor qualified in the field of forensic psychology and image-based sexual harassment corroborated and further explained the injury caused by Debtor’s actions. Id. at 28.

In re Residential Capital, LLC

524 B.R. 465 · United States Bankruptcy Court, S.D. New York · Jan 29, 2015

The Trust argues in its Reply that the Note, which it provided with the Objection, clearly shows an endorsement transferring the Note to RFC. (Reply ¶ 17.) … The Priore Declaration states that she is qualified to testify regarding the contents of the Debtors' books and records (Priore Decl. ¶¶ 3-4) and describes the history of Madzimoyo’s Loan based on those books and records

Delta Air Lines, Inc. v. Bibb (In Re Delta Air Lines)

359 B.R. 454 · United States Bankruptcy Court, S.D. New York · Nov 3, 2006

As Delta aptly expressed it in its Reply Memorandum, all the Transportation Payment Act does in Section 3726(h) is “establish! … With few exceptions “preferential treatment of a class of creditors is in order only when clearly authorized by Congress.” Id. at 2109 .

In Re Yl West 87th Holdings I LLC

423 B.R. 421 · United States Bankruptcy Court, S.D. New York · Jan 13, 2010

The United States Supreme Court held that once a movant establishes that a debtor has no equity in a property, “it is the burden of the debtor to establish that the collateral at issue is necessary to an effective reorganization … However, the record clearly establishes that financing based upon section 364(d) priming of the secured claims in West’s and the Debtor’s Chapter 11 cases is not possible, and it would be unreasonable for the Court to grant

In re Soundview Elite, Ltd.

503 B.R. 571 · United States Bankruptcy Court, S.D. New York · Jan 23, 2014

As applicable here, any grant of that power would be found in the Debtors’ Articles of Association, 6 and in such event would clearly delineate that the “powers of the directors extend[ ] beyond the powers of managing the … Farrow noted that Cayman Companies Law Section 108(1), enacted in 2009, provides that a foreign practitioner may be appointed to act jointly with a qualified insolvency practitioner as an additional joint official liquidator

In Re Dana Corp.

358 B.R. 567 · United States Bankruptcy Court, S.D. New York · Nov 30, 2006

In order for the CEO to qualify for the minimum amount of the LTIP ($3 million), the company must achieve a 2007 EBITDAR of $250 million. … As such, the benchmarks for the LTIP are difficult targets to reach and are clearly not “lay-ups.” 24 In sum, the LTIP is not a KERP, but is a program designed to incentivize the CEO and Senior Executives, and may be assumed

Kossoff PLLC and P. XENOPOULOS REALTY, LLC

United States Bankruptcy Court, S.D. New York · Nov 22, 2021

Togut was appointed as the Chapter 7 Interim Trustee of the Debtor, accepted his appointment, and duly qualified. [See Bankr. Docket No. 15]. 12. The Debtor has not yet filed any of the Schedules. … As the foregoing detailed factual findings and the totality of the record in this case establish by clear and convincing evidence, Mr.

In Re Adelphia Communications Corp.

368 B.R. 140 · United States Bankruptcy Court, S.D. New York · Jan 3, 2007

) could meet the burden of establishing their validity. … That qualifies as having contributed substantial consideration to the reorganization. 3.Consent.

Buchwald v. Renco Group, Inc. (In Re Magnesium Corp.)

399 B.R. 722 · United States Bankruptcy Court, S.D. New York · Jan 16, 2009

Standards for Application of Rule 12(b)(6) The standards for deciding a motion to dismiss are well established. … The Court assumes that in light of the unambiguous language in the Utah statute and the absence of any caselaw clearly supporting a disparate construction, § 78-12-27 is limited to actions against a corporation’s directors