Case law

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.

Albert Togut, Not Individually but Solely in His C v. VNB New York LLC

United States Bankruptcy Court, S.D. New York · May 11, 2023

And . . . if I determine that the motion clearly, to my mind . . . should be denied, then I may enter an order of denial on the motion without requiring further submission of briefing or argument at all. … LEXIS 526 (2020) (“Orders in bankruptcy cases qualify as ‘final’ when they definitively dispose of discrete disputes within the overarching bankruptcy case”)).

Eastern Air Lines, Inc. v. International Ass'n of MacHinists & Aerospace Workers (In Re Ionosphere Clubs, Inc.)

108 B.R. 901 · United States Bankruptcy Court, S.D. New York · Nov 29, 1989

Eastern has established that it is likely to succeed on the merits of this case. … (vi) A likelihood of success on the merits on the part of Eastern in establishing the harm to the reorganization was established. (vii) The balance of hardships tips decidedly in favor of Eastern.

In Re Project Orange Associates, LLC

432 B.R. 89 · United States Bankruptcy Court, S.D. New York · Jul 1, 2010

Syracuse maintains that Project Orange was required to provide it steam pursuant to the New York Public Service Law to qualify for this advantageous rate. (Fellows Aff. at ¶ 9) (citing N.Y. Pub. SeRv. … tactics employed by the debtor in frustrating and delaying the plaintiffs attempts to evict it, in the absence of adequate protection for the plaintiffs interest in the property, this determination [to lift the stay] was clearly

Harbinger Capital Partners LLC v. Ergen (In re LightSquared Inc.)

504 B.R. 321 · United States Bankruptcy Court, S.D. New York · Nov 21, 2013

Ergen was acting as DISH/EchoStar’s agent and carrying out directives on their behalf. 42 Such agency and imputation allegations are not clearly set forth in the Amended Complaint, and, even if they were, the assertions in … Harbinger further alleges that the Er-gen/DISH Defendants were under a duty to disclose SPSO's relationship with Ergen and DISH/EchoStar because their "affirmative misstatements about SPSO being qualified to purchase the

Stockschlaeder & McDonald, Esqs. v. Kittay (In Re Stockbridge Funding Corp.)

145 B.R. 797 · United States Bankruptcy Court, S.D. New York · Oct 8, 1992

It is an established tenet in real property law that whoever has priority to the obligation has priority to the underlying mortgage. One follows the other. … Given the high degree of fraudulent conduct involved in the present case, § 541(d) clearly does not apply here. 22 .

Philipsen

United States Bankruptcy Court, S.D. New York · Aug 19, 2026

And here the Trustee clearly acted pursuant to and within the scope of this authorized discretion. … The Court might conclude that this situation alone establishes the irreparable harm factor.

Weisfelner v. Blavatnik (In re Lyondell Chemical Co.)

567 B.R. 55 · United States Bankruptcy Court, S.D. New York · Apr 21, 2017

The Second Circuit has not clearly adopted either test. … Both the Access Revolver and the upsize of the ABL Facilities qualified for this requirement.

491 Bergen St. Corporation

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

In sum, then, Debtors’ counsel made unqualified and absolute requests for accurate “judgment payoff” amounts, without limitation – clearly and expressly seeking to be informed of how much money was required to pay off … This statement qualifies as a misrepresentation of the amount the Frank Estate contends was due as full payoff of its entitlements.

McHale v. Alvarez (In Re the 1031 Tax Group, LLC)

397 B.R. 670 · United States Bankruptcy Court, S.D. New York · Dec 10, 2008

This Court clearly had jurisdiction to resolve the issue of the ownership of the funds and did so in connection with the Debtors’ adversary proceeding. … The evidence presented established that the McCabe Group has already-claimed against the E & 0 Policies, policies whose proceeds are assets of the estate.

In Re Pinti

363 B.R. 369 · United States Bankruptcy Court, S.D. New York · Mar 13, 2007

It is well established that ‘when the statute’s language is plain, the sole function of the courts — at least where the disposition required by the text is not absurd — is to enforce it according to its terms.’ ” Lamie v. … Of course, secured creditors that do not qualify as 910 Creditors remain subject to bifurcation of their claims under Section 1325(a)(5)(B) unless barred by application of 11U.S.C. § 1322(b)(2). 8 .

Tutor Perini Building Corp. v. The Port Authority of New York and New Jersey

United States Bankruptcy Court, S.D. New York · Sep 30, 2022

These documents are clearly integral to the Complaint, and each party treated them as something the Court should consider in ruling on the Motion. … action within one year of a cause of action accruing cannot establish subject matter jurisdiction. See Lumbermens Mut. Cas. Co. v.

Stearns Holdings, LLC

United States Bankruptcy Court, S.D. New York · Nov 13, 2019

The ballots distributed to holders of Claims entitled to vote on the Amended Plan clearly informed holders of Claims entitled to vote of the steps required to take if they disagreed with the scope or the grant of the releases … the Court notes that, while the Debtors propose to exculpate the Released Parties whose contributions and concessions have made the Amended Plan possible, Section 9.4 explicitly provides that no Released Party will be immune

Official Committee of Unsecured Creditors of Lois/USA, Inc. v. Conseco Finance Servicing Corp. (In Re Lois/USA, Inc.)

264 B.R. 69 · United States Bankruptcy Court, S.D. New York · May 15, 2001

Even more clearly, it makes it clear that New York law should be applied to the tort claims in contrast to the law of Illinois. 112 . Cmplt. ¶ 11. 113 . … However, "[t]he control goes only to establishing a duly.

Spirit Airlines, Inc.

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

(“Nor do we have occasion today to express a view on what qualifies as a consensual release . . . ”); see also In re Roman Cath. Diocese of Syracuse, 2024 Bankr. LEXIS 2807, at *5 (Bankr. N.D.N.Y. … See Order But in another case, the Bankruptcy Court for the Western District of New York held that “the mere ability to opt out of a release is insufficient to establish [] consent.”

Synergy Pharmaceuticals Inc. and Certain former individual directors and officers o

United States Bankruptcy Court, S.D. New York · Nov 5, 2020

Solorio from personal responsibility for the fees.52 However, the Supplemental Engagement Letter clearly shows that Mr. … Solorio for payment of the fees, are of no moment, because the Engagement Letters clearly show that Mr.

In Re A.T. Reynolds & Sons, Inc.

424 B.R. 76 · United States Bankruptcy Court, S.D. New York · Feb 5, 2010

McAuliffe qualifies his denial of threatening Goldman with the statement, “Following this experience and my current impression of Mr. … The Mediation Order clearly defines the powers of the Mediator, granting him authority to require confidential statements of position and to set the time and place of the mediation.

In Re Olsen

358 B.R. 609 · United States Bankruptcy Court, S.D. New York · Jan 5, 2007

Individuals wanting to purchase an apartment are frequently compelled to undergo the scrutiny of a board interview and must be approved by the board as qualified before being allowed to purchase shares in the cooperative … repairs and supervision of staff who work in the building, a managing agent to manage the collection of monthly maintenance, the payment of operating expenses and the transfer of shares, and a board to govern the corporation, establish

Ditech Holding Corporation

United States Bankruptcy Court, S.D. New York · May 12, 2021

S.D.N.Y. 1991) (“The burden of establishing entitlement to priority rests with the claimant and should only be granted under extraordinary circumstances . . . … The asserted administrative expenses were clearly not costs incurred to preserve the Debtors’ estates but rather they were costs expended by Claimant (individually) to participate in these Chapter 11 Cases.

In Re Hooker Investments, Inc.

145 B.R. 138 · United States Bankruptcy Court, S.D. New York · Jul 17, 1992

Slatt, 64 N.Y.2d 966, 967 , 488 N.Y.S.2d 645, 646 , 477 N.E.2d 1099, 1100 , rearg. denied, 65 N.Y.2d 785 , 492 N.Y.S.2d 1026 , 482 N.E.2d 568 (1985) (where intention of the parties is clearly and unambiguously set forth, … A change-of-control clause would typically specify the amount of stock, acquisition of assets or change in board composition necessary to qualify as a bona fide control change.