Case law

Genesis Global Holdco, LLC

United States Bankruptcy Court, S.D. New York · Aug 4, 2023

Pulse Elecs., Inc., 579 U.S. 93, 93 (2016) (“[T]he “word ‘may’ clearly connotes discretion.”). … (testifying that the risks in the Genesis case are greater than in other crypto bankruptcies because the Genesis Lenders are well known to be high net worth investors); Hr’g Tr. 25:4-9 (Apr. 24, 2023).18 In fact, to qualify

In re: SVB Financial Trust v. Federal Deposit Insurance Corporation, as Receiver for Silicon Valley Bank

United States Bankruptcy Court, S.D. New York · May 13, 2026

“A bankruptcy court is[] the best qualified to interpret and enforce its own orders ... therefore, should not abstain from doing so.” … to be taken by the FDIC is indeed within its powers as receiver.”); In re Colonial Realty Co., 980 F.2d 125, 136 (2d Cir. 1992) (“[F]ederal courts have the ability to restrain the [receiver] where the [FDIC] is acting clearly

In re: SVB Financial Trust v. Federal Deposit Insurance Corporation, as Receiver for Silicon Valley Bank

United States Bankruptcy Court, S.D. New York · May 11, 2026

A bankruptcy court is the best qualified to interpret and enforce its own orders ... therefore, should not abstain from doing so. … conserve the assets and property of such institution.” 12 U.S.C. § 1821(d)(2)(B)(i)-(iv) courts have the ability to restrain the [receiver] where the [FDIC] is acting clearly

29 Beekman Corp. v. Blank Rome

United States Bankruptcy Court, S.D. New York · Mar 31, 2023

See, e.g., Aiolova, 496 B.R. at 131 (“[A] bankruptcy court has the jurisdiction to entertain and enter orders authorizing the sale of estate assets and therefore qualifies as a court of competent jurisdiction [for res judicata … ’s counsel generally acts as its representative, 29 Beekman suggests that “[t]hrough its fraud, Blank Rome was acting outside its role as legitimate legal counsel to Wansdown and Golsorkhi and therefore enjoys no immunity

Wansdown Properties Corporation N.V. - Adversary Proceeding

United States Bankruptcy Court, S.D. New York · Mar 31, 2023

See, e.g., Aiolova, 496 B.R. at 131 (“[A] bankruptcy court has the jurisdiction to entertain and enter orders authorizing the sale of estate assets and therefore qualifies as a court of competent jurisdiction [for res judicata … ’s counsel generally acts as its representative, 29 Beekman suggests that “[t]hrough its fraud, Blank Rome was acting outside its role as legitimate legal counsel to Wansdown and Golsorkhi and therefore enjoys no immunity

Hal Luftig Company, Inc.

United States Bankruptcy Court, S.D. New York · Feb 24, 2025

similar to other bankruptcy courts in this Circuit reviewing requests for non-debtor stay extensions,28 the Court also conducted a traditional four-factor preliminary injunction analysis, which requires the movant to establish … The balance of the harms here clearly weighs in the Debtor’s favor. Lastly, granting the Luftig Stay Extension is not adverse to the public interest.

Pereira v. Brown

United States Bankruptcy Court, S.D. New York · Sep 22, 2022

Just because the Sale Proceeds were not held in a segregated fund does not make them immune to an action for conversion. See Nissho Iwai Am. Corp. v. Siedler, No. 94 Civ. 513, 1995 WL 555699, at *3 (S.D.N.Y. … .2d 975, 976, 477 N.Y.S.2d 456 (1984) (reversing lower court’s dismissal of conversion claim in case where defendant withdrew funds from plaintiff’s bank account without authorization where “the funds in question were clearly

Levin v. Modi

United States Bankruptcy Court, S.D. New York · Oct 15, 2021

requires the plaintiff to establish proximate causation. … requirement for establishing a pattern of racketeering activity within meaning of RICO.

Hage v. Fuller

United States Bankruptcy Court, S.D. New York · May 12, 2025

Mar. 23, 2023) (holding that a “mixed question of law and fact . . . does not constitute a pure statement of fact that qualifies as a judicial admission”). … Bankruptcy courts often approve “stalking horse” agreements that establish a baseline for a possible sale.

The Bankruptcy Estate of Norske Skogindustrier AS and Tom Hugo Ottesen - Adversary Proceeding

United States Bankruptcy Court, S.D. New York · Oct 4, 2021

The New York Court of Appeals has provided examples of each type of rule, stating that “rules of the road” are conduct-regulating, while “charitable immunity statutes, guest statutes, wrongful death statutes, vicarious … Under this approach, no one factor alone is sufficient to establish pro forma. (Id. ¶ 89.)

Arcapita Bank B.S.C.(C)

United States Bankruptcy Court, S.D. New York · Feb 3, 2023

The automatic stay also clearly applies extraterritorially. See In re Arcapita, 575 B.R. 229, 250-51 (rejecting BisB’s argument that the Section 362 did not apply extraterritorially); see also Bernard L. Madoff Inv. … As discussed above, the record here establishes that BisB acted to willfully violate Arcapita’s belief that it was applicable in this case.

In re GSC Group, Inc.

502 B.R. 673 · United States Bankruptcy Court, S.D. New York · Dec 12, 2013

On the Effective Date, the Liquidating Trustee shall establish an administrative fund (the “Administrative Fund”). … Capstone’s dismissive attitude was clearly portrayed to the Court through Mr.

Oi S.A. and Antonio Reinaldo Rabelo Filho

United States Bankruptcy Court, S.D. New York · Oct 1, 2025

Section 1521(a) enables the Court to provide “any appropriate relief” and the Motion argues that dismissal under Section 305 would qualify as appropriate relief. See id. ¶ 4. … Clearly, a successful rescue of the Company would be a better outcome than a liquidation that would occur over six plus years. See Hr.

CHRISTOPHER F. GRAHAM, as Plan Administrator of th v. Serafis

United States Bankruptcy Court, S.D. New York · Aug 31, 2021

Solvency should be measured on a going concern basis unless the demise of the business is so clearly imminent that the business is incapable of generating any ongoing revenues. … In fact, I find it difficult to imagine transactions that would be less qualified for characterization as “ordinary course of business” transactions that did not require court approval. A.

CHRISTOPHER F. GRAHAM, as Plan Administrator of th v. 135 WAVERLY REALTY, LLC

United States Bankruptcy Court, S.D. New York · Aug 31, 2021

Solvency should be measured on a going concern basis unless the demise of the business is so clearly imminent that the business is incapable of generating any ongoing revenues. … In fact, I find it difficult to imagine transactions that would be less qualified for characterization as “ordinary course of business” transactions that did not require court approval. A.

IIG Global Trade Finance Fund Limited (in Official v. International Investment Group L.L.C.

United States Bankruptcy Court, S.D. New York · Sep 11, 2025

Clearly a direct and knowing participation in the transactions that were fraudulently designed to conceal BCCI’s financial troubles was a form of “assistance” that sufficed to impose liability. … Supreme Court holding that the Natwest decision had been wrong in holding that the issue had been clearly resolved by prior decisions. See Bilta (UK) Ltd. (in liquidation) v. Tradition Fin. Serv.

Oldner

United States Bankruptcy Court, S.D. New York · Dec 5, 2025

In 1993, Arie, as grantor, established the Orly Trust and Sagi Trust for the benefit of Orly and her heirs, and Sagi and his heirs, respectively. Id. ¶¶ 7, 10. … Still, the Trustee argues that most courts faced with the same question have determined a bankruptcy trustee qualifies as an individual for purposes of section 362(k)(1). Opp’n ¶ 46 (citations omitted).

Celsius Network LLC

United States Bankruptcy Court, S.D. New York · Mar 9, 2023

court found that notwithstanding the broad definition of “Liability” and a provision that the Debtor agreed to assume all “Liability,” the Court had to read a more specific section that listed “Excluded Liabilities” as qualifying … But the Committee ignores the fact that under New York law it is “well settled that where the parties have clearly expressed or manifested their intention that a subsequent agreement supersede or substitute for an old agreement

Deborah J. Piazza, as Chapter 7 Trustee of Poonam v. Keswani

United States Bankruptcy Court, S.D. New York · Jan 7, 2022

Piazza was appointed chapter 7 trustee for the Debtor's estate (the “Estate”) and qualified for and accepted that appointment. See 7056–1 Statement ¶¶ 1-2. … The Court finds no excuse for the Debtor’s refusal to comply with the Turnover Order, as it clearly and unambiguously sets forth the Debtor’s obligations and the Debtor has provided no explanation for her conduct.

Michael Rodger Brown

United States Bankruptcy Court, S.D. New York · Mar 13, 2020

Periera, Esq. was appointed chapter 7 trustee for the Debtor’s estate (the “Chapter 7 Trustee”) and qualified for and accepted that appointment. … Clearly, the Defendant mistakenly believed that he had escaped the microscope that the U.S.