Case law

European American Bank v. Sackman Mortgage Corp. (In Re Sackman Mortgage Corp.)

158 B.R. 926 · United States Bankruptcy Court, S.D. New York · Aug 26, 1993

The burden rests on the moving party to clearly establish the absence of a genuine issue as to any material fact. Celotex v. Catrett, 477 U.S. at 322-23, 106 S.Ct. at 2552-53 ; Adickes v. S.H. … The Supreme Court has recently taken cer-tiorari on the issue whether a regularly conducted, non-collusive foreclosure sale is immune from attack as a fraudulent transfer.

Singer Co. B v. v. Groz Beckert KG (In Re Singer Co. N v.

262 B.R. 257 · United States Bankruptcy Court, S.D. New York · May 10, 2001

Secondly, Groz argues that the manufacture of needles for sale outside the United States is, in itself, a qualifying noninfring-ing use. … Here, the record clearly demonstrates that Singer Brasil has been utilizing the '330 Patent since the time the '330 Patent was issued more than fifteen years ago.

In Re Tampa Chain Co., Inc.

35 B.R. 568 · United States Bankruptcy Court, S.D. New York · Dec 2, 1983

Where the case cannot be fully decided on motion, the court “shall if practicable ascertain what material facts exist without substantial controversy” and deem the same established, Fed.R.Civ.P.Rule 56(d). … Since Tampa Chain clearly qualifies as a Chapter 7 debt- or, § 109(b), the question that remains is whether each of the Creditors qualifies as petitioning creditors under § 303(b).

Genova v. Gottlieb (In Re Orange County Sanitation, Inc.)

221 B.R. 323 · United States Bankruptcy Court, S.D. New York · Sep 16, 1997

The uncontroverted documents submitted on these motions establish that either Gottlieb or the Mongellis were the initial transferees. … He argues that a similar notation on Gottlieb’s escrow-account check “put the IRS on notice that the transfer being made was clearly avoidable....” (Trustee’s Memo, of Law at 12.)

Official Committee of Unsecured Creditors v. Transpacific Corp. (In Re Commodore International, Ltd.)

242 B.R. 243 · United States Bankruptcy Court, S.D. New York · Dec 15, 1999

The Committee has failed to aver facts that, if credited, would establish our jurisdiction over TPC pursuant to CPLR § 301. … To qualify for jurisdiction under this subsection, TPC’s act must have occurred while it, or its agent, was in the state. See Bank Brussels Lambert v.

Deak & Co. v. Soedjono (In Re Deak & Co.)

63 B.R. 422 · United States Bankruptcy Court, S.D. New York · Jul 24, 1986

However, his appearance is being considered as part of the contact penumbra which DAMA established with this forum. … Specifically, Deak sought to have the liens, if their validity was established, to attach to the proceeds of the sale.

In Re GCO Services, LLC

324 B.R. 459 · United States Bankruptcy Court, S.D. New York · May 5, 2005

Pension Plan’s pending litigation, stating that “in the event a judgment is recovered against them, [they] would possess a claim against Gruntal [the Debt- or’s former name] based on Gruntal’s breach of fiduciary duties established … matters would use in the conduct of an enterprise of a like character and with like aims; (C) by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly

In Re Pameco Corp.

356 B.R. 327 · United States Bankruptcy Court, S.D. New York · Nov 22, 2006

The Payment Constitutes a Transfer of the Debtor's Property A prepetition transfer may not be avoided as a preference under the Bankruptcy *334 Code unless it qualifies as a "transfer of an interest of the debtor in property … This is not enough, and Defendant has not established a defense under § 547(c)(1). B.

In Re Enron Creditors Recovery Corp.

370 B.R. 90 · United States Bankruptcy Court, S.D. New York · Jun 13, 2007

Therefore, the Court finds that Standard has failed to establish that the balancing of the equities favors the relief sought. Therefore, the second prong of the two-prong test has not been established. … Claim 13075 does not qualify as an informal proof of claim.

In re Weidenbenner

521 B.R. 74 · United States Bankruptcy Court, S.D. New York · Dec 12, 2014

Here, the Debtors’ have established constitutional standing. … The Debtors have established statutory standing. Section 362(k) mandates an award of damages when a willful stay violation occurs.

In re Congregation Birchos Yosef

535 B.R. 629 · United States Bankruptcy Court, S.D. New York · Aug 24, 2015

Enforcement of the Automatic Stay Does Not Violate the Free Exercise or Establishment Clauses. … The automatic stay is clearly neutral on its face and is also neutral and generally applicable, as far as religious exercise is concerned, in practice.

McClelland v. Grubb & Ellis Consulting Services Co. (In Re McClelland)

418 B.R. 61 · United States Bankruptcy Court, S.D. New York · Oct 16, 2009

As discussed herein, the Engagement Letter, on which Plaintiff bases his Complaint, clearly was an agreement among Defendant, the Longhitanos, and Plaintiff as debtor-in-possession, which was approved by the Court, setting … As such, the Defendants are immune from suit, other than for claims of gross negligence and willful and deliberate harm.

In re Residential Capital, LLC

513 B.R. 446 · United States Bankruptcy Court, S.D. New York · Jul 24, 2014

Deutsche Bank argued that it could establish excusable neglect based on the “gross misconduct of its prior counsel.” (Opp. Ex. G at 7.) … out that the plaintiff in Cooper sued the federal government, so the Supreme Court’s narrow interpretation of “actual damages” was guided by a strict interpretation in favor of the sovereign in cases involving sovereign immunity

In Re Maynard

295 B.R. 437 · United States Bankruptcy Court, S.D. New York · Jul 21, 2003

Accordingly, satisfying the Armstrong test, Maynards’s receipt of rent from MFI was clearly subject to “traditional risks of farming.” This conclusion is further supported by the holdings of Krueger and Easton . … In total, the circumstances support a finding that MFI’s rents constitute “farm income” as established in Creviston .

In Re Angelika Films 57th, Inc.

227 B.R. 29 · United States Bankruptcy Court, S.D. New York · Nov 9, 1998

The facts establish that the Court’s reliance was misplaced. … The evidence establishes that Tenzer was not disinterested and acted in the interest of Mr.

Enron Corp. v. Credit Suisse First Boston International (In Re Enron Corp.)

328 B.R. 58 · United States Bankruptcy Court, S.D. New York · Jul 29, 2005

The motion to dismiss is granted only if no set of facts can be established to entitle the plaintiff to relief. Id. … To determine whether a transaction that is not specifically included in section 546(g) qualifies as “any other similar agreement,” it is necessary to establish if the swap market generally understands it to be a swap agreement

In re MF Global Inc.

491 B.R. 355 · United States Bankruptcy Court, S.D. New York · Apr 18, 2013

Thus, they failed to meet their burden to establish that they are securities customers under SIPA. … Property qualifying for protection or insurance under SIPA is defined differently from property held by an FCM for its commodities customers....

Young v. Peter J. Saker, Inc. (In Re Paula Saker & Co.)

53 B.R. 630 · United States Bankruptcy Court, S.D. New York · Sep 18, 1985

Such an analysis shows that some of the challenged transfers are clearly within the § 547(c)(4) subsequent advance exception to avoidability and that partial summary judgment should be granted. … Any new value that the creditor advances must be unsecured in order for it to qualify under this exception.” H.R.Rep. No. 95-595, 95th Cong., 1st Sess. 374 (1977), reprinted in 1978 U.S.Code CONG. 7 AD.NEWS 5787, 6330.

In Re Young Broadcasting Inc.

430 B.R. 99 · United States Bankruptcy Court, S.D. New York · Apr 19, 2010

The other two qualified bids offered to purchase the assets for $120 million. 9 . … The Credit Agreement does not require establishing a reserve account to satisfy the Debt in November 2012.

Wenzel v. Partsearch Technologies, Inc. (In Re Partsearch Technologies, Inc.)

453 B.R. 84 · United States Bankruptcy Court, S.D. New York · Jun 21, 2011

The commonality requirement is clearly met in this case. … The Class Members may find it difficult to establish liability because they must both (i) establish that all of the elements of a WARN Act claim are met, and (ii) overcome the Debtor’s affirmative defenses.