Case law

Manolo Blahnik USA, Ltd.

United States Bankruptcy Court, S.D. New York · Aug 18, 2020

Under section 303(b)(2), however, if the debtor has fewer than 12 eligible holders (not counting certain interested parties), an involuntary filing can be made by one or two qualifying creditors. See id. § 303(b)(2). … But the court held that the petitioning creditor could rely on an undisputed component of its claim that underlies a disputed multi-part judgment because “the amount of that undisputed claim is clearly severable from the

Adelphia Communications Corp. v. Rigas (In Re Adelphia Communications Corp.)

323 B.R. 345 · United States Bankruptcy Court, S.D. New York · Mar 24, 2005

We are not faced with a case in which the corporate officer claims to have been "successful” on some parts of the case but was clearly “unsuccessful” on others, and therefore take no position on this feature of the Merritt … The Court rejects the notion, argued by the Rigases (Rigas Reply Mem. in Further Supp. at 2), that advancement decisions are immune from scrutiny under the "entire fairness” doctrine because they do not involve mergers and

In re: B.C.I. Finances Pty Limited (In Liquidation), et al.

United States Bankruptcy Court, S.D. New York · May 26, 2026

Nate’s Fine Foods”) were resolved by transcript ruling, wherein, relevant here, the Court concluded that the Binetters had improperly attempted to invoke the Fifth Amendment on behalf of a corporate entity though the law clearly … Importantly, the “person” covered by the Fifth Amendment is limited to natural persons; corporations or partnerships or other business entities have no such immunity. Braswell v.

Ditech Holding Corporation

United States Bankruptcy Court, S.D. New York · May 24, 2023

I believe that my claim may qualify to be classified as a 363(0) (see Exhibit A) and perhaps a Summary Judgement under Florida Deceptive and Unfair Trade Practices, Chapter 501-part II, Florida Statutes Section … The record clearly shows that the Plan Administrator has worked closely with the Consumer Claims Trustee to identify documents that are relevant to claims objections—the Retained Records—including the entirety of Ms.

In re Greenwich Retail Group LLC v. Moby Capital, LLC, et al.

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

A release of claims qualifies as a “transfer” under this broad definition. Carmel v. River Bank Am. (In re FBN Food Servs), 185 B.R. 265, 273 (N.D. … It would be absurd, in considering a fraudulent transfer claim, to contend that a judgment is immune from attack just because the judgment bound the pre-petition debtor. See, e.g., Dobin v. St.

Garcia v. Sklar

United States Bankruptcy Court, S.D. New York · Apr 20, 2021

Therefore, the District Court Action was very clearly “a judicial . . . action or proceeding against the debtor that . . . … Thus, in order to qualify a claim for the discharge exception provided in section 523(a)(2), (4), or (6), a creditor in the bankruptcy case of an individual debtor is required to seek a determination

Nosson Sklar

United States Bankruptcy Court, S.D. New York · Apr 20, 2021

Therefore, the District Court Action was very clearly “a judicial . . . action or proceeding against the debtor that . . . … Thus, in order to qualify a claim for the discharge exception provided in section 523(a)(2), (4), or (6), a creditor in the bankruptcy case of an individual debtor is required to seek a determination

O'Toole, solely in her capacity as Chapter 7 v. M. Cabrera & Associates, P.C.

United States Bankruptcy Court, S.D. New York · Mar 14, 2025

The Sale Order clearly states that it is binding and survives the dismissal of Kaspar’s first Chapter 11 case. … This may well be the case, and O’Toole is free to try to establish it at trial.

Irving H. Picard, Trustee for the Liquidation of B v. Inteligo Bank Ltd

United States Bankruptcy Court, S.D. New York · Dec 15, 2022

state that “the Manager[3] has established a discretionary account for [Fairfield Sentry] at Bernard L. … But here, where Inteligo is clearly a subsequent transferee of Fairfield Sentry, it is not possible for it to raise a mere conduit defense.

Irving H. Picard, Trustee for the Liquidation of B v. Inteligo Bank Ltd

United States Bankruptcy Court, S.D. New York · Dec 9, 2022

state that “the Manager[3] has established a discretionary account for [Fairfield Sentry] at Bernard L. … But here, where Inteligo is clearly a subsequent transferee of Fairfield Sentry, it is not possible for it to raise a mere conduit defense.

Ditech Holding Corporation

United States Bankruptcy Court, S.D. New York · Mar 1, 2024

The bank statements provided establish that the withdrawal came from Ms. Bennett’s account. Id. at 5-6. received it. Id. at 1. … [and] force creditors to be more responsive to their customers, both by displaying relevant information clearly and by ensuring that [creditors] would respond promptly to complaints regarding billing errors.” Kurz v.

O'Toole, solely in her capacity as Chapter 7 v. M. Cabrera & Associates, P.C.

United States Bankruptcy Court, S.D. New York · Feb 18, 2025

The Sale Order clearly states that it is binding and survives the dismissal of Kaspar’s first Chapter 11 case. … This may well be the case, and O’Toole is free to try to establish it at trial.

Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities, LLC. et a

United States Bankruptcy Court, S.D. New York · Dec 15, 2022

state that “the Manager[3] has established a discretionary account for [Fairfield Sentry] at Bernard L. … But here, where Inteligo is clearly a subsequent transferee of Fairfield Sentry, it is not possible for it to raise a mere conduit defense.

Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities, LLC. et a

United States Bankruptcy Court, S.D. New York · Dec 9, 2022

state that “the Manager[3] has established a discretionary account for [Fairfield Sentry] at Bernard L. … But here, where Inteligo is clearly a subsequent transferee of Fairfield Sentry, it is not possible for it to raise a mere conduit defense.

In Re Ames Department Stores, Inc.

306 B.R. 43 · United States Bankruptcy Court, S.D. New York · Feb 26, 2004

Noting, as this Court has above, that statutory provisions granting priorities are narrowly construed, 31 and that claimants seeking payment ahead of other unsecured claims bear the burden of establishing their entitlement … Without clearly indicating an intent to do so, Congress did not likely intend to upset these settled principles and priorities when it enacted § 365(d)(3).

Clavell v. United States Department of Education

United States Bankruptcy Court, S.D. New York · Feb 7, 2020

W.D.N.Y. 2012) (“Clearly the Second Circuit did not equate ‘minimal standard of living’ with ‘poverty.’ … Tax Code applying a 10% additional tax on early distributions from qualified retirement plans); Retirement Topics – Plan Loans, U.S. Internal Revenue Serv.

Sabine Oil & Gas Corp. v. HPIP Gonzales Holdings, LLC (In re Sabine Oil & Gas Corp.)

550 B.R. 59 · United States Bankruptcy Court, S.D. New York · May 3, 2016

and HPIP argue, the covenants at issue satisfy the “touch and concern” requirement by affecting the value and use of the real property, then the real property interests allegedly conveyed through those covenants cannot qualify … The covenants that meet the test established by the courts of equity have come to be known as “equitable servi-tudes.” Over time, the use of covenants, both real and equitable, has become common.

Stillwater Liquidating LLC v. Net Five at Palm Pointe, LLC (In re Stillwater Asset Backed Offshore Fund Ltd.)

559 B.R. 563 · United States Bankruptcy Court, S.D. New York · Sep 2, 2016

in conduct that is illegal, or ultra vires the company, (2) perpetrates a fraud against the minority shareholders and the wrongdoers are themselves in control of the company, or (3) passes a resolution which requires a qualified … Clearly, then, tract 5 of the property was trans-ferred directly from the Delaware Fund to the McDonalds.

Wythe Berry Fee Owner LLC

United States Bankruptcy Court, S.D. New York · May 29, 2024

This right is qualified by provisions reserving the right to such distributions to the Managing Member of the Operating Entities, which is undisputed to be Weiss. (Id.) … However, this purported prohibition on the Managing Member’s ability to provide releases or otherwise settle disputes is a significant qualifier on his authority, and it is not explicitly established

InterCement Brasil S.A. and Antonio Reinaldo Rabelo Filho

United States Bankruptcy Court, S.D. New York · Mar 31, 2025

Section 1517(b) establishes conditions for recognition of each. … The Brazilian RJ Proceeding Proceeding is a “Foreign Proceeding” The Brazilian RJ Proceeding qualifies as a “foreign proceeding.”