Case law

In Re Old Carco LLC

406 B.R. 180 · United States Bankruptcy Court, S.D. New York · Jun 19, 2009

By contrast, 28 U.S.C. § 959 (b) “embodies a Congressional intention to prevent bankruptcy trustees from using the authority of the federal courts to immunize themselves from state regulation of their business operations. … (quoting Perez, 402 U.S. at 649 , 91 S.Ct. 1704 ). 32 Specifically and by no means exclusively, statutory notice or waiting periods of, e.g., 60 or 90 days before termination clearly frustrate § 365’s purpose to allow a debtor

In re Residential Capital, LLC

480 B.R. 529 · United States Bankruptcy Court, S.D. New York · Oct 12, 2012

The district court established an expedited schedule applicable to all similar cases with a discovery cut-off date of September 30, 2012. … Substantial due diligence is underway by numerous qualified bidders, requiring the time and attention of the Debtors’ employees and legal and financial professionals.

In re: NFE Global Holdings Limited, et al.

United States Bankruptcy Court, S.D. New York · Jul 14, 2026

Section 1517(b) establishes conditions for recognition of each. … This prong is clearly met.

In Re Sw Bach & Co.

425 B.R. 78 · United States Bankruptcy Court, S.D. New York · Mar 10, 2010

Specifically, the court noted that certain findings under Texas state law implied certain facts necessary to establish all the elements of an 11 U.S.C. *101 523(a)(2)(A) claim, and, thus, the "Arbitrators decided the identical … See also n. 3, supra. [9] The CBI Holding court also, however, "express[ed] no judgment on the question of when, if ever, a claim that does not qualify as core under § 157(b)(2)'s express language could be rendered core only

In Re Lion Capital Group

49 B.R. 163 · United States Bankruptcy Court, S.D. New York · Apr 25, 1985

The factors relevant to approval have been established by case authority. … If so, § 8-313(3) would seemingly immunize the lien from subsequent notice of adverse claims.

Le Café Creme, Ltd. v. Le Roux (In Re Le Café Creme, Ltd.)

244 B.R. 221 · United States Bankruptcy Court, S.D. New York · Jan 3, 2000

If actual fraud is established, the adequacy of the consideration and the solvency of the transferor is immaterial. Id. … Thus, an inference can be drawn that the Debtor’s fair saleable value was less than $98,000, 18 clearly less than the more than $300,000 in liabilities reflected each year on the Debt- or’s tax returns.

In re Motors Liquidation Co.

529 B.R. 510 · United States Bankruptcy Court, S.D. New York · Apr 15, 2015

Those beneficiaries represented by appellant whose interests or whereabouts could not with due diligence be ascertained come clearly within this category. … What is recoverable, in substance, is specific performance of the repair or replacement obligation for otherwise qualifying defects.”). . See Sale Agreement § 2.3(a)(vii).

Togut v. RBC Dain Correspondent Services (In re Bach)

425 B.R. 78 · United States Bankruptcy Court, S.D. New York · Mar 10, 2010

Specifically, the court noted that certain findings under Texas state law implied certain facts necessary to establish all the elements of an 11 U.S.C. *101 523(a)(2)(A) claim, and, thus, the “Arbitrators decided the identical … The CBI Holding court also, however, "expressed] no judgment on the question of when, if ever, a claim that does not qualify as core under § 15 7(b)(2)'s express language *91 could be rendered core only on the grounds that

Culligan Ltd. and Michael Morrison

United States Bankruptcy Court, S.D. New York · Jul 2, 2021

The statute does not define the term “center of main interests,” although it establishes a presumption regarding it. … First, COMI is clearly located in Bermuda.

In re Pinnacle Airlines Corp.

483 B.R. 381 · United States Bankruptcy Court, S.D. New York · Nov 29, 2012

Pinnacle’s need for cutting its Pilots’ labor costs, very substantially, was overwhelmingly established. … for chapter 11 protection and seek reduction of controllable costs, including their costs for regional lift. 42 (c) Recent Challenges Facing the Regional Airline Industry Although regional airlines initially were largely immune

Statutory Committee of Unsecured Creditors Ex Rel. Iridium Operating LLC v. Motorola, Inc. (In Re Iridium Operating LLC)

373 B.R. 283 · United States Bankruptcy Court, S.D. New York · Aug 31, 2007

Taken together and on balance, Motorola did a better job in establishing that market evidence was relevant and persuasive data that could not be ignored in determining insolvency than the Committee did in establishing that … Reiss was qualified to testify, but did express some concerns at that time regarding Mr. Reiss’ failure to incorporate market data in his expert opinion.

U.S. Bank Trust National Ass'n v. American Airlines, Inc. (In re AMR Corp.)

485 B.R. 279 · United States Bankruptcy Court, S.D. New York · Jan 17, 2013

Med Immune, Inc. v. Genentech, Inc., 549 U.S. 118, 127 , 127 S.Ct. 764 , 166 L.Ed.2d 604 (2007). A court has wide discretion in determining whether a declaratory judgment is appropriate in a particular dispute. … Thus, the lender, by its acts, may establish that it prefers accelerated payment to the opportunity to earn interest over a period of years.”). .

In re Agrokor D.D.

591 B.R. 163 · United States Bankruptcy Court, S.D. New York · Oct 24, 2018

It was insolvent and qualified by amount of debt and number of employees for eligibility to file under the EA Law. … As explained in section II.D., below, the record establishes that the EA Proceeding was procedurally fair.

Stephen S. Gray, Not Individually But Solely In Hi v. The Williamsburg Hotel BK, LLC

United States Bankruptcy Court, S.D. New York · May 7, 2025

To qualify for registration, however, an unregistered mark first must “have been used in commerce, not merely adopted . . . .” Lopez, 883 F. Supp. 2d at 415 (citing Gameologist Grp., LLC v. … Traditionally, the rule has been that the use of a mark in the preliminary steps of establishing a business does not establish a priority date or a use sufficient for federal registration.

In re AMR Corp.

477 B.R. 384 · United States Bankruptcy Court, S.D. New York · Aug 15, 2012

AND ITS OPERATIONS American, established in 1934, is the principal subsidiary of AMR Corporation (“AMR”). … Nearly all qualifying retirees automatically receive a $5,000 life insurance benefit upon retirement. (Wright Decl. ¶ 35).

Orly Genger

United States Bankruptcy Court, S.D. New York · Feb 9, 2021

Clearly, that court is best suited to determine any matters of Israeli law. … The report plainly qualifies as a “document.”

Purdue Pharma L.P.

United States Bankruptcy Court, S.D. New York · Nov 20, 2025

, see Plan §§ 5.4, 5.5; • Establishment of the Master Disbursement Trust, see Plan § 5.6; • Establishment of the Creditor Trusts, see Plan § … The Plan clearly provides creditors with no less than they would receive in a hypothetical Chapter 7 liquidation. See DelConte Report ¶ 8.

Stephen S. Gray, Not Individually but Solely in Hi v. The Williamsburg Hotel BK, LLC

United States Bankruptcy Court, S.D. New York · Oct 10, 2025

Qualifying businesses included those that were suspended by a government order due to the pandemic or experienced a decline in gross receipts during 2020 or the first three calendar quarters of 2021. … If the ERTC Refund was paid to the Debtor, the funds clearly would have become property of the estate.

Pereira v. Centel Corp. (In Re Argo Communications Corp.)

134 B.R. 776 · United States Bankruptcy Court, S.D. New York · Dec 27, 1991

Clearly, the two-year extension provided in 11 USC § 108 (a)(2) has expired. Trustee must therefore rely solely on appli *785 cable nonbankruptcy limitations law. … The party moving for summary judgment has the burden of clearly establishing that no relevant facts are in dispute. Celotex Corp., supra, 106 S.Ct. at 2548 ; Anderson, supra, 106 S.Ct. at 2512 ; Adickes v. S.H.

Hirsch v. Tarricone (In Re Tarricone)

286 B.R. 256 · United States Bankruptcy Court, S.D. New York · Mar 14, 2002

Insurance Company (In re Three Flint Hill Limited Partnership), 213 B.R. 292, 298 (D.Md.1997), aff'd, 103 F.3d 120 (4th Cir.1996); 2 COLLIER ON BANKRUPTCY ¶ 101.31, at 101-101 (“[w]hether or not an individual or entity will qualify … (Id. at 203) Of the two basic objectives of personal guarantees, the second (resort to the guarantors’ assets) clearly was not of any concern to either Giagni or Curto.