Case law

Lesser v. A-Z Associates (In Re Lion Capital Group)

44 B.R. 690 · United States Bankruptcy Court, S.D. New York · Dec 3, 1984

Salomon v. … Brown as not given under the Act. Moreover, § 1481 of title 28 and the Code itself provides authority for the exercise of that mandate.

In re Murray

543 B.R. 484 · United States Bankruptcy Court, S.D. New York · Jan 13, 2016

July 6, 2009) (Brown, J.) … Ltd. v. Kentucky Hous. Corp., 139 B.R. 828 (W.D.Ky.1992). . C-TC, 113 F.3d at 1311-12 . . In re R & G Properties, Inc., 2009 Bankr.LEXIS 1320, *2-3, 2009 WL 1076703 , at *1 (Bankr.D.Vt. Apr. 16, 2009) (Brown, J.)

Savage & Associates, P.C. v. Mandl (In Re Teligent, Inc.)

358 B.R. 45 · United States Bankruptcy Court, S.D. New York · Nov 13, 2006

Mandl and the rest of the Board at the time,” (id.), and “[t]he Board may not have been willing to accept the expense, delays, and publicity of legal action against Mr. Mandl.” (Id.) … Brandt v. Vulcan, Inc., 30 F.3d 752, 756 (7th Cir. 1994); Shamis v. Ambassador Factors Corp., 34 F.Supp.2d 879, 886 (S.D.N.Y. 1999); Gault v. Nabisco Biscuit Co., 184 F.R.D. 620, 622 (D.Nev.1999); Glenn v.

Allied Mechanical & Plumbing Corp. v. Dynamic Hostels Housing Development Fund Co.

62 B.R. 873 · United States Bankruptcy Court, S.D. New York · Jul 7, 1986

Atlas Automation, Inc. v. Jensen, Inc. (In re Atlas Automation, Inc.), 42 B.R. 246 (Bankr.E.D.Mich.1984); Dakota Grain Systems, Inc. v. Rauser Construction, Inc. … SLHI, Inc. v. Rent Leveling Board of the City of Jersey City, New Jersey (In re SLHI, Inc.), 58 B.R. 252 (Bankr.D.N.J.1986); see In re Elegant Concepts, Ltd., No. 086-60160-21 (Bankr.E.D.N.Y. June 25, 1986).

ABF Capital Management v. Kidder Peabody & Co. (In Re Granite Partners, L.P.)

210 B.R. 508 · United States Bankruptcy Court, S.D. New York · Jul 16, 1997

If not subsumed by the release, the Litigation Advisory Board, which has succeeded to the Trustee’s rights, may assert it. The plaintiffs may not. … As a result of the confirmation order, the Trustee has been discharged, and the Litigation Advisory Board, created by the plan, has succeeded to this objection. 5 .

Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities, LLC

460 B.R. 106 · United States Bankruptcy Court, S.D. New York · Oct 12, 2011

See Henkel v. … Johns-Manville Corp. v. Colorado Ins. Guar. Assoc. (In re Johns-Manville Corp.), 91 B.R. 225, 228 (Bankr.S.D.N.Y.1988) (quoting LTV Steel Co., Inc. v. Board of Ed. of the Cleveland City Sch. Dist.

Celsius Network LLC

United States Bankruptcy Court, S.D. New York · May 8, 2024

S.D.N.Y. 2006)); see also Silverman v. Tracar, S.A. (In re Am. … Eastern Air Lines, Inc. v. Brown & Williamson Tobacco Corp. (In re Ionosphere Clubs, Inc.), 262 B.R. 604, 612 (Bankr.

Matter of Silverman

15 B.R. 843 · United States Bankruptcy Court, S.D. New York · Dec 15, 1981

The Maryland case cited a Georgia case, Brown v. … Similarly, in Nedd v.

Dampskibsselskabet AF 1912 Aktieselskab v. Black & Geddes, Inc. (In Re Black & Geddes, Inc.)

16 B.R. 148 · United States Bankruptcy Court, S.D. New York · Dec 30, 1981

Conley v. … Matter of Anjopa Paper & Board Manufacturing Co., Inc., 269 F.Supp. 241 (S.D.N.Y.1967); 5 United States v. Augspurger, 452 F.Supp. 659 (W.D.N.Y.1978); Dodge Motor Trucks v. First National Bank of Omaha, supra.

Kimber v. GMAC Mortgage, LLC (In re Residential Capital, LLC)

489 B.R. 489 · United States Bankruptcy Court, S.D. New York · Apr 8, 2013

Executive Sounding Board Assocs. Inc. v. Advanced Machine & Engineering Co. (In re Oldco M Corp.), 484 B.R. 598, 605 (Bankr.S.D.N.Y.2012) (citing Stern v. … Old Navy, LLC, 647 F.3d 419, 430 (2d Cir.2011); Harris v. Coleman, 863 F.Supp.2d 336, 340 (S.D.N.Y.2012); Bektic-Marrero v. Goldberg, 850 F.Supp.2d 418, 425 (S.D.N.Y.2012); King County, Wash. v.

In Re Asia Global Crossing, Ltd.

326 B.R. 240 · United States Bankruptcy Court, S.D. New York · Jun 28, 2005

Some overlap existed between the Global Crossing and Asia Global boards. The boards established a special committee to address conflicts and adverse interests between the two companies. (Declaration of Alan J. … See N.L.R.B. v.

Liquidation Trust v. Daimler AG (In Re Old Carco LLC)

435 B.R. 169 · United States Bankruptcy Court, S.D. New York · Jul 27, 2010

(citing Atlanta Shipping Corp., Inc. v. Chem. … Kalnit v. Eichler, 264 F.3d 131, 138 (2d Cir.2001).

Eletson Holdings Inc.

United States Bankruptcy Court, S.D. New York · May 13, 2025

Stanford v. Kuwait Airlines Corp., 1987 U.S. Dist. LEXIS 10981, at *6 (S.D.N.Y. … V.

Geltzer v. Bloom (In Re M. Silverman Laces, Inc.)

404 B.R. 345 · United States Bankruptcy Court, S.D. New York · Mar 31, 2009

Although a *359 board and controlling shareholders might have considered such a chapter 11 strategy, 16 it is clear that a reasonable board and shareholders would not have found it persuasive, compelling or even reasonable … Kendall v.

Sterling Vision, Inc. v. Sterling Optical Corp. (In Re Sterling Optical Corp.)

371 B.R. 680 · United States Bankruptcy Court, S.D. New York · Jul 11, 2007

In re Mid-Island Hospital, Inc., 276 F.3d 123 , 128 (2d Cir.2002) (finding debtor’s “speculative” and “intangible” interest in withheld funds to constitute property of the estate) (citing Brown v. … Dellinger (In re Brown), 734 F.2d 119, 123 (2d Cir.1984)).

In Re Project Orange Associates, LLC

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

Realty Assocs. v. … E.g., Bell v.

Sean Southard, as Plan Administrator of the Amende v. BARRETT

United States Bankruptcy Court, S.D. New York · Nov 20, 2019

Silverman was often present when joint board meetings were held, but that does not show that he was a board member of HHSH. … Kershner was elected to the “board of directors” without clarifying whether that meant he was a member of the HHSH board, the HHCS board, or both.

Purdue Pharma L.P.

United States Bankruptcy Court, S.D. New York · Aug 10, 2021

[ECF No. 2022] ¶¶1, 4. 2 Any Sackler family members on the Debtors’ boards or in management resigned before the bankruptcy petition date, and the board authorized an independent committee to investigate such transfers with … v.

Sean Southard, as Plan Administrator of the Amende v. BARRETT

United States Bankruptcy Court, S.D. New York · Nov 15, 2019

Silverman was often present when joint board meetings were held, but that does not show that he was a board member of HHSH. … Kershner was elected to the “board of directors” without clarifying whether that meant he was a member of the HHSH board, the HHCS board, or both.

In Re B.K.B. Enterprises, Inc.

97 B.R. 170 · United States Bankruptcy Court, S.D. New York · Mar 7, 1989

Butner v. United States, 440 U.S. 48, 55 , 99 S.Ct. 914, 918 , 59 L.Ed.2d 136 (1978); Chicago Board of Trade v. Johnson, 264 U.S. 1, 10 , 44 S.Ct. 232, 234 , 68 L.Ed. 533 (1924).