Case law

Durso Supermarkets, Inc. v. D'Urso (In Re Durso Supermarkets, Inc.)

193 B.R. 682 · United States Bankruptcy Court, S.D. New York · Mar 20, 1996

The offer was clearly less than firm. Mrs. D’Urso took no part in the DSI/A & P negotiations. … McCauley, a senior estate appraiser at Helmsley-Spear, a real estate concern, was qualified as an expert appraiser.

Deborah J. Piazza, Chapter 7 Trustee of Anthony Br v. Bruno, Jr.

United States Bankruptcy Court, S.D. New York · Apr 27, 2023

Piazza was appointed as the interim trustee of the Debtor’s estate and subsequently qualified as permanent Trustee.5 The Debtor annexed his schedules of assets and liabilities (the “Schedules”) and Statement of Financial … “Section 727(a)(5) is broadly drawn and clearly gives a court broad power to decline to grant a discharge in bankruptcy where the debtor does not adequately explain a shortage, loss or disappearance of assets.”

The City of Atlantic City v. Drummon

United States Bankruptcy Court, S.D. New York · Nov 30, 2023

Likewise, even construed in the light most favorable to the City, the record evidence clearly demonstrates that Drummon did not occupy a fiduciary position. … Clearly, the July 2020 letter is merely an attorney’s representation that her client intends to take the Fifth Amendment with respect to any prospective deposition.

Global Cord Blood Corporation and Margot MacInnis, John Royle, and Chow Tsz Nga Geor

United States Bankruptcy Court, S.D. New York · Dec 5, 2022

The JPLs contend that they have established all required elements, including these. 1. … This Court agrees, but reorganization and/or debt adjustment was clearly contemplated on the facts of Millard, where the Cayman proceeding was explicitly styled as an insolvency or debt-adjustment proceeding.

Live Primary, LLC

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

In July 2015, when the First Operating Agreement was executed, the prime rate was 3.25%, for which the startup business would never qualify as a commercial borrower. … This condition “must be performed or happen before a duty of immediate performance arises on the promise which the condition qualifies.”

Live Primary, LLC

United States Bankruptcy Court, S.D. New York · Mar 1, 2021

In July 2015, when the First Operating Agreement was executed, the prime rate was 3.25%, for which the startup business would never qualify as a commercial borrower. … This condition “must be performed or happen before a duty of immediate performance arises on the promise which the condition qualifies.”

Gemini Trust Company, LLC v. Genesis Global Capital, LLC

United States Bankruptcy Court, S.D. New York · Feb 7, 2024

May 4, 2004) (“Under New York law, ‘an assignment is a transfer or setting over of property, or of some right or interest therein, from one person to another, and unless in some way qualified, it is properly the transfer … This would clearly apply to the Additional GBTC Shares, which were never properly pledged, much less enforced upon. Nor does the case of Musso v. N.Y. State Higher Educ. Servs. Corp. (In re Royal Bus.

In Re Shea & Gould

214 B.R. 739 · United States Bankruptcy Court, S.D. New York · Oct 24, 1997

That plan established a liquidation committee consisting of John B. Grant, Jr., James I. Hisiger, Peter C. Neger and Richard L. Spinogatti (the “Dissolution Committee”) to oversee the winding up of S & G’s affairs. … Thus, Chase clearly contemplated and assumed the risk that the ease might be dismissed for whatever reason when it consented to the use of its cash collateral.

In Re Parklex Associates, Inc.

435 B.R. 195 · United States Bankruptcy Court, S.D. New York · Sep 2, 2010

Caselaw establishes that the benchmark for determining the severity of the sanction to be imposed is willfulness.... … Still, the court qualified its holding to determine that “[s]ome facts strongly suggest the presence of others; a recipient that closes its eyes to the remaining facts may not deny knowledge.

In re Sabine Oil & Gas Corp.

547 B.R. 503 · United States Bankruptcy Court, S.D. New York · Mar 31, 2016

In STN, the Second Circuit found that sections 1103(c)(5) and 1109(b) of the Bankruptcy Code "imply a qualified right for creditors’ committees to initiate suit with the approval of the bankruptcy court.” … hereof and any repeal or modification of the foregoing provisions of, or the adoption of any provision of, the Restated Certificate of Incorporation inconsistent with this paragraph 8 shall not adversely affect any right, immunity

Treasures London Limited v. Keswani

United States Bankruptcy Court, S.D. New York · May 13, 2021

Piazza was appointed chapter 7 trustee for the Debtor's estate and qualified for and accepted that appointment. … Plaintiffs have failed to submit any argument establishing “cause” for the requested relief from the stay in either the Amended Complaint or Motion.

Fox ex rel. Perry H. Koplik & Sons, Inc. v. Koplik (In re Perry H. Koplik & Sons, Inc.)

476 B.R. 746 · United States Bankruptcy Court, S.D. New York · Jul 11, 2012

With respect to the matters as to which liability was established, the Court makes the following factual findings. … (emphasis in original). .Duties of directors to New York corporations are also established, in part, by statute.

Goldin v. Primavera Familienstiftung, Tag Associates, Ltd. (In Re Granite Partners, L.P.)

194 B.R. 318 · United States Bankruptcy Court, S.D. New York · Apr 16, 1996

To establish a “purchase price,” they sought bids from each other or from other brokerage firms in the middle of the night. (Id. ¶63.) … In addition, the trustee has failed to prove his entitlement to an injunction under the principles established in Manville and Robins.

In re Rede Energia S.A.

515 B.R. 69 · United States Bankruptcy Court, S.D. New York · Aug 27, 2014

However, the public policy exception is clearly drafted in narrow terms and “the few reported cases that have analyzed [section] 1506 at length recognize that it is to be applied sparingly.” … Securities Act of 1933, as amended (the "Securities Act ’’) and (ii) qualified institutional buyers in accordance with Rule 144A of the Securities Act.

Gordos Restaurant Corp. - Adversary Proceeding

United States Bankruptcy Court, S.D. New York · Aug 4, 2022

The latter three categories are “inherently distinctive” and thus readily qualify for protection under the Lanham Act. Id. See also United States PTO v. Booking.com B.V., 140 S. … Further, Gordos North’s defenses were not frivolous, in that they were premised neither on clearly baseless factual contentions (other than Ms.

Aramid Entertainment Fund Limited

United States Bankruptcy Court, S.D. New York · Jan 12, 2022

The Plan provided for the establishment of a Distribution Trust to resolve all disputed claims and interests of the estate. Bankr. Doc. 667 at 23-26. … This conclusion—that the state court action and the bankruptcyproceeding are inseparably intertwined—is “borne out by [Molner’s] explanation of alleged damages, which clearly arose at least in large part during the bankruptcy

Ditech Holding Corporation

United States Bankruptcy Court, S.D. New York · Nov 7, 2023

Moreover, in any event, the Claimants have not established the Claim, even if allowed, is non-dischargeable. … The Claimants have not established that the Claim, if any, is nondischargeable.

Branded Operations Holdings, Inc.

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

vulnerable population,” and “establish a legacy of justice.” … “Whether relief is sought under Rule 59(e) or Rule 60(b)(2), courts apply the same strict standard for determining what qualifies as ‘newly discovered evidence.’” In re Sanofi Sec.

Official Committee of Unsecured, Creditors v. JP Morgan Chase Bank, N.A. (In Re M. Fabrikant & Sons, Inc.)

394 B.R. 721 · United States Bankruptcy Court, S.D. New York · Oct 10, 2008

“Where a plaintiffs conclusory allegations are clearly contradicted by documentary evidence incorporated into the pleadings by reference, however, the court is not required to accept them.” Labajo v. … (In re Crafts Plus+, Inc.), 220 B.R. 331, 338 (Bankr.W.D.Tex. 1998)(“Once it has been established that a qualified transfer has been made, § 550 provides for recovery against either the initial transferee ... or ‘the entity

Celsius Network LLC

United States Bankruptcy Court, S.D. New York · Dec 13, 2023

Rule 702 permits testimony of experts qualified not only by education, but by knowledge, skill and experience. Although Mr. … The contract clearly and unambiguously transferred ownership title of collateral to Debtors.