Case law
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MCI Worldcom Communications v. Communications Network International, Ltd. (In Re Worldcom Inc.)
386 B.R. 496 · United States Bankruptcy Court, S.D. New York · Apr 30, 2008
The Court did find, however, that WorldCom had not conclusively established damages. Id. … The Rebiller Agreement clearly and unambiguously states: “This Agreement may be modified only pursuant to a writing that is signed by each of the Parties.” (Trial Ex. WC-2 ¶ 15.7.)
Cited 1 timesPublishedAll Year Holdings Limited - Adversary Proceeding
United States Bankruptcy Court, S.D. New York · Oct 4, 2022
A change in the ownership interests on YGWV’s side of the LLC was clearly foreseen by the parties. … There is clearly a conflict between this result and Section 541’s clear language prohibiting a “termination” as a result of bankruptcy.
Cited 0 timesUnknownCelsius Network Limited v. Stone
United States Bankruptcy Court, S.D. New York · Dec 8, 2022
This is clearly impermissible. See Israel Disc. Bank of New York, 199 F.3d at 107. … establishing that certain property was ever property of the estate in the first place.
Cited 0 timesUnknownWeisfelner v. Blavatnik (In re Lyondell Chemical Co.)
543 B.R. 428 · United States Bankruptcy Court, S.D. New York · Jan 4, 2016
So it is not at all clear why or how the Trustee relies on the'Access Expert’s statements to establish liability. … United States, 477 F.3d 1368, 1371 (Fed.Cir.2007) ("relying on the text of the Luxembourg statutes and regulations and on reports and declarations of several well-qualified experts in Luxembourg law presented by both sides
Cited 2 timesPublishedFrontier Communications Corporation
United States Bankruptcy Court, S.D. New York · Jan 23, 2025
Once knowledge of direct infringement is established, either prong—inducement or material contribution—is sufficient to establish liability. See Faulkner v. Nat’l Geographic Soc’y, 211 F. … It is true that numerous cases in this Circuit have found that, in the copyright context, a cease-and-desist letter triggers a duty to preserve, especially when the content of that cease-and- desist clearly indicated that
Cited 0 timesUnknown576 B.R. 325 · United States Bankruptcy Court, S.D. New York · Sep 26, 2017
A letter to the court is not listed as a document that qualifies as a pleading. … The' adaptation prong of the three-part test has clearly been met for all three presses.
Cited 8 timesPublishedAdelphia Communications Corporation v. U.S. Specialty Insurance Company
United States Bankruptcy Court, S.D. New York · Mar 17, 2022
“The party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish [the movant’s] right to judgment as a matter of law.” … Thus, when an insurer seeks to restrict coverage, the limitation must be clearly expressed. . . .
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. New York · Oct 24, 2022
Finally, the Texas Objection asks that the Debtors add information to the bidding procedures providing for the sharing of the qualified bidders on a confidential basis with regulators and asks that Texas be granted “listen-only … The Debtors seek to limit successor liability and have noted that clearly in their Sale Notice, as required by the guidelines. (Guidelines § I. D.16.)
Cited 0 timesUnknownIn re: Asbestos Corporation Ltd.
United States Bankruptcy Court, S.D. New York · Oct 30, 2025
Additionally, the Asbestos Parties argue that the CCAA proceeding does not qualify as a foreign nonmain proceeding as ACL lacks an “establishment” in Canada. … ACL Has an Establishment in Canada While a finding of establishment in Canada is not necessary if ACL has its COMI in Canada, as the Court has found, ACL does have an establishment in Canada
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. New York · Oct 26, 2021
A district court reviews a bankruptcy court’s conclusions of law de novo and its findings of fact under a clearly erroneous standard. … It is clear from the record that Fay Servicing qualifies as a “party in interest” that may seek relief from the automatic stay under Section 362(d).
Cited 0 timesUnknownIn re: Asbestos Corporation Ltd.
United States Bankruptcy Court, S.D. New York · Oct 29, 2025
Additionally, the Asbestos Parties argue that the CCAA proceeding does not qualify as a foreign nonmain proceeding as ACL lacks an “establishment” in Canada. … ACL Has an Establishment in Canada While a finding of establishment in Canada is not necessary if ACL has its COMI in Canada, as the Court has found, ACL does have an establishment in Canada
Cited 0 timesUnknown219 B.R. 22 · United States Bankruptcy Court, S.D. New York · Mar 9, 1998
Fong was “uniquely qualified” to perform the task. … Some courts have declined to reduce or disallow the conflicted professional’s expenses if they clearly bene-fitted the estate. See, e.g.
Cited 68 timesPublishedUnited States Bankruptcy Court, S.D. New York · Nov 18, 2024
Green as Co-Mediators and Establishing Terms and Conditions of Mediation [ECF No. 6906]. … In any event, the Court finds that the Committee is clearly in a better position to pursue the estate claims than a Chapter 11 trustee.
Cited 0 timesUnknown429 B.R. 112 · United States Bankruptcy Court, S.D. New York · Apr 28, 2010
They argue that Gardi has not demonstrated an interest in the JANA Funds sufficient to establish standing to lift the automatic stay. … The potential for abuse is heightened when releases afford blanket immunity. *130 Id.
Cited 21 timesPublishedUnited States Bankruptcy Court, S.D. New York · Feb 6, 2025
Based on this, the evidence in support of the alleged claims was clearly available to Movants prior to the filing of the Motion to Dismiss. … Moreover, even if the Movants could prevail in arguing that Section 1109(b) applies in this context, the Movants would still not qualify as “parties in interest.”
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. New York · Mar 25, 2021
Application of the Factors in this case clearly weighs in favor of dismissing the case. … The Debtor is not operating, has de minimis assets (if any) and does not qualify for a bankruptcy discharge. The creditors do not require the protection of the automatic stay.
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. New York · Dec 19, 2020
The statute excepts the grant of immunity for any “act or omission constituting wilful and wanton or grossly negligent conduct.” 10 DEL. C. § 8133(d). … However, the Court has not been able to find supporting authority suggesting that the phrase has a different meaning in the volunteer immunity statute.
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. New York · Sep 5, 2025
The passage partly quoted by Fonz states, in full, as follows: Clearly, § 727 imposes an extreme penalty for wrongdoing. … E.D.N.Y. 1996) (“The law is clear that writings containing pertinent omissions may qualify as 33 Those are loans from Frears, Frears & Yellin, Gersten, Orans and Lilling.
Cited 0 timesUnknownLATAM Airlines Group S.A., et al.
United States Bankruptcy Court, S.D. New York · May 19, 2023
Response ¶ 30; see also id. ¶ 3 (stating that the Noteholder Claims “are prima facie valid, and each of [the Post-Default Charges] is clearly and indisputably provided for in the Debt Instruments.”). … In this Circuit, to qualify as an informal proof of claim, a document purporting to evidence such a claim must: (i) be timely filed with the bankruptcy court and become part of the judicial record; (ii) state the existence
Cited 0 timesUnknownTransCare Corporation - Adversary Proceeding
United States Bankruptcy Court, S.D. New York · May 7, 2020
establish an interrelation of operations.” … Moreover, the FLSA’s broad definition of “employ”55 expands the meaning of “employee” to cover parties who “might not qualify as such under a strict application of traditional agency law principles in order to effectuate
Cited 0 timesUnknown
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