Case law

Messer v. TX Onshore, LLC (In re Madison Williams & Co.)

509 B.R. 791 · United States Bankruptcy Court, S.D. New York · May 14, 2014

But the Contract clearly requires that any extension be memorialized by “mutual written consent,” and the Plaintiff has not alleged any such writing. … The Court cannot determine whether these emails — not currently before the Court— would be sufficient under Texas law to qualify as “mutual written consent.”

National Events Holdings, LLC

United States Bankruptcy Court, S.D. New York · Feb 12, 2025

Chapter 11 Cases to cases under chapter 7 of the Bankruptcy Code (the “LLC Debtors’ Chapter 7 Cases”).12 Kenneth Silverman was appointed as the interim trustee of the LLC Debtors by the United States Trustee,13 he duly qualified … He says that in the Motion he “seeks a minor modification to the [KBT] Retention Order to more clearly set forth what is already in there to begin with.” Reply ¶ 17.

In re Serviços de Petróleo Constellation S.A.

600 B.R. 237 · United States Bankruptcy Court, S.D. New York · May 9, 2019

had an independent obligation to establish that recognition was proper). … Establishment is defined in Chapter 15 as "any place of operations where the debtor carries out a nontransitory economic activity." 11 U.S.C. § 1502 (2). 27 If a proceeding does not qualify as a main or nonmain proceeding

JPA No. 111 Co., Ltd.

United States Bankruptcy Court, S.D. New York · Feb 1, 2022

To do so would be to improperly elevate form over substance where the evidence establishes the existence of U.S. … Thus, in sum, the Court finds that the third, fourth, and seventh C-TC factors are not satisfied here, while the first (to a qualified extent), second, sixth, and eighth are satisfied.

Texaco, Inc.

United States Bankruptcy Court, S.D. New York · Feb 21, 2025

But Debtor’s professed surprise rings hollow given the case’s age and the scope of activity that is clearly implicated. … “The movant bears the burden of establishing that permissive abstention is warranted.” Id. (citing In re Residential Cap., LLC, 515 B.R. 52, 67 (Bankr.

In Re GSC, Inc.

453 B.R. 132 · United States Bankruptcy Court, S.D. New York · Jul 18, 2011

At that point, Manzo determined that in the fifth and final round, bids would be submitted in closed envelopes and the highest qualified bid would be declared the winner. Id. at ¶ 37. … To establish that Black Diamond would vote with the motive of receiving more than the ratable equivalent of its proportionate share of the estate, the Non-Controlling Lenders would have to establish that Black Diamond voted

Adelphia Communications Corp. v. Bank of America, N.A. (In Re Adelphia Communications Corp.)

365 B.R. 24 · United States Bankruptcy Court, S.D. New York · Jun 11, 2007

They contend that the second prong of the Wagoner Rule — -which immunizes defendants from liability for otherwise actionable wrongful conduct on in pari delicto grounds, by imputation to a bankruptcy trustee or deputized … But the pleaded facts do not satisfactorily establish exceptions here.

Squarepoint Ops, LLC v. Sesum

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

First, whether the Strategy qualifies as property under applicable law, as required to establish embezzlement under section 523(a)(4). Id. at 124–26. … E.D.N.Y. 2022) (holding that the plaintiff could not establish that the defendant’s actions were willful where the evidence only alleged why defendant failed to pay plaintiff for services performed but did not establish

Major Model Management Inc.

United States Bankruptcy Court, S.D. New York · Jun 21, 2022

“This requires two findings: ‘First, class counsel must be qualified, experienced and generally able to conduct the litigation. … Rule 23(a)(1): Numerosity Is Satisfied Given that members for each putative class exceeds 40 members, Burgess clearly SATISFIED Rule 23(a)(1)’s numerosity requirement.

Vojislav Sesum

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

First, whether the Strategy qualifies as property under applicable law, as required to establish embezzlement under section 523(a)(4). Id. at 124–26. … E.D.N.Y. 2022) (holding that the plaintiff could not establish that the defendant’s actions were willful where the evidence only alleged why defendant failed to pay plaintiff for services performed but did not establish

In re: Branded Operations Holdings, Inc., et al.

United States Bankruptcy Court, S.D. New York · Mar 20, 2026

Anderson’s papers include baseless accusations of fraud or other wrongdoing against Chapter 11 Case professionals, the fiduciaries appointed to administer the Fourth Amended Plan and the claims trusts established thereunder … Anderson is a Qualified Individual under the ADA, there is no merit to his requests for relief in the Objection and Omnibus Motion.

In re: Branded Operations Holdings, Inc., et al.

United States Bankruptcy Court, S.D. New York · Mar 20, 2026

Anderson’s papers include baseless accusations of fraud or other wrongdoing against Chapter 11 Case professionals, the fiduciaries appointed to administer the Fourth Amended Plan and the claims trusts established thereunder … Anderson is a Qualified Individual under the ADA, there is no merit to his requests for relief in the Objection and Omnibus Motion.

Sean M. Dunn

United States Bankruptcy Court, S.D. New York · Aug 11, 2025

According to the Debtor, the Settlement Agreement clearly required LAK3 to correct the Debtor’s TY 2019 1099, the IRS records plainly show that LAK3 in fact issued the 1099, and LAK3 failed to diligently comply with the … But Lang, as a CPA, is not qualified to opine on the Debtor’s emotional distress.

First-Citizens Bank & Trust Company v. SVB Financial Group

United States Bankruptcy Court, S.D. New York · Jun 25, 2025

defense did not apply because the States waived sovereign immunity in “proceedings implicating the bankruptcy court’s traditional in rem authority.” … Corp., 143 F.2d 938, 940 (2d Cir. 1944) (“Since the purpose of reorganization clearly is to rehabilitate the business and start it off on a new and to-be-hoped-for more successful career, it should be the objective of

Empire State Building Co. L.L.C. v. New York Skyline, Inc. (In Re New York Skyline, Inc.)

432 B.R. 66 · United States Bankruptcy Court, S.D. New York · Jun 21, 2010

If Skyline disputed the results of the electrical survey and resulting ERIF, paragraph 42(C) established a procedure for resolving those disputes: The determination by Lessor’s electrical consultant shall be binding and conclusive … Skyline alleges that the Original Lease required it to pay an ERIF of $2.88 per rentable square foot, (SAC at ¶ 172), and any increase had to be based upon the determination of a qualified electrical consultant hired by ESB

Avianca Holdings S.A.

United States Bankruptcy Court, S.D. New York · Jan 26, 2023

The governing agreements establish that the post-petition payment obligations were and are obligations of the debtor under a lease. … Or, as the Initiators put it, “Section 365(d)(5) should not be read to include language it clearly does not.”

Deborah J. Piazza, as Chapter 7 Trustee of Row NYC v. CityRow Holdings, LLC

United States Bankruptcy Court, S.D. New York · Sep 14, 2023

Piazza was appointed as the interim trustee and subsequently qualified as permanent trustee (the “Trustee”). … The Defendants contend that the Landlord was clearly aware of the existence of Holdings LLC in June 2020. Id. at 5.

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

531 B.R. 439 · United States Bankruptcy Court, S.D. New York · Jun 2, 2015

It is not “an agency or establishment of the United States Government.” SIPA §■ 78ccc(a)(l)(A). … The defense is available only to a qualified religious organization that receives a charitable contribution from an individual debt- or. 11 U.S.C. §§ 548 (d)(3), (4).

The City of Atlantic City v. Drummon

United States Bankruptcy Court, S.D. New York · Feb 14, 2024

“Omissions as well as affirmative misstatements qualify as false statements for Section 727(a)(4)(A) purposes.” Adler v. Ng (In re Adler), 395 B.R. 827, 841 (E.D.N.Y. 2008). … In re Overmeyer is clearly distinguishable because it concerned actual bankruptcy claims propounded by a debtor. Id.

In re Genco Shipping & Trading Ltd.

513 B.R. 233 · United States Bankruptcy Court, S.D. New York · Jul 2, 2014

It was clearly meant to achieve a result consistent with Chapter 11, that is, to preserve the business and avoid liquidation. … Lastly, the Debtors point out that the Third Party Releases are qualified by the phrase “to the extent permissible under applicable law,” and thus overcomes any problem regarding overbreadth.