Case law

Metromedia Fiber Network, Inc. v. Various State & Local Taxing Authorities (In Re Metromedia Fiber Network, Inc.)

299 B.R. 251 · United States Bankruptcy Court, S.D. New York · Jul 15, 2003

Justice Iredell did, in the light of history and experience and the established order of things” and concluding that “the views of [Justice Iredell] were clearly right — as the people of the United States in their sovereign … All nine Justices agreed that the Act clearly and unmistakably manifested Congress’ intent to abrogate sovereign immunity.

Agency for Deposit Insurance, Rehabilitation, Bankruptcy & Liquidation of Banks v. Superintendent of Banks of New York

313 B.R. 561 · United States Bankruptcy Court, S.D. New York · Aug 13, 2004

On appeal, however, this Court, finding § 109 irrelevant to the analysis of who was qualified to invoke § 304, reversed, and remanded the case to the Bankruptcy Court for further proceedings under § 304. … The fourth clause of Article I, section 8, of the Constitution gives Congress plenary power “[t]o establish uniform laws on the subject of bankruptcies throughout the United States.”

Matter of Wild Oaks Utilities, Inc.

18 B.R. 959 · United States Bankruptcy Court, S.D. New York · Mar 30, 1982

The Town of Lew-isboro further notes that in determining the validity of Utilities’ claim for damages the court will have to decide questions relating to the qualified immunity of local officials acting in a quasi-judicial … They have raised issues as to the qualified immunity of local officials acting in a quasi-judicial function as well as the reasonableness of the sewage rates based upon a method and procedure established by an earlier state

West Virginia, Department of Finance & Administration v. Hassett (In Re O.P.M. Leasing Services, Inc.)

21 B.R. 993 · United States Bankruptcy Court, S.D. New York · Jul 14, 1982

He qualified this opinion only by asserting: “My opinion is qualified to the extent that the remedies available to enforce your rights under the Transactional Documents may be limited by bankruptcy, insolvency and other laws … . *1001 One well-established exception to the general sovereign immunity of states conferred by the Eleventh Amendment is where Congress has conditioned a state’s participation in a federally regulated activity upon an abrogation

Official Committee of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Insurance (In Re Quebecor World (USA) Inc.)

453 B.R. 201 · United States Bankruptcy Court, S.D. New York · Jul 27, 2011

These immunities are intended to contain the spread of economic contagion and protect the markets from systemic risk. … Such agreements are structured and priced with that immunity in mind. 4 .

995 Fifth Avenue Associates, L.P. v. New York State Department of Taxation & Finance (In Re 995 Fifth Avenue Associates, L.P.)

116 B.R. 384 · United States Bankruptcy Court, S.D. New York · Jul 13, 1990

The major challenge in this case is the satisfaction of the first prong, that is, whether the Gains Tax qualifies as a stamp or similar tax. … More recently, this well established exception to sovereign immunity has been codified in Section 106(a) of the Bankruptcy Code, which was enacted “to prevent a government unit from receiving a ‘distribution from the estate

Picard Ex Rel. Bernard L. Madoff Investment Securities LLC v. Chais (In Re Bernard L. Madoff Investment Securities LLC)

440 B.R. 282 · United States Bankruptcy Court, S.D. New York · Nov 30, 2010

Even if the Trustee did not have this immunity, which he clearly does, the Counterclaims all hinge on the facially implausible assertion that Goldman, a full-service global investment banking and securities firm with its … The Answering Defendants assert that the Trustee is not immune from personal liability because his immunity is qualified and his behavior in sending the Letter “is not of the type protected by any quasi-judicial immunities

In Re Solis

137 B.R. 121 · United States Bankruptcy Court, S.D. New York · Feb 14, 1992

Thus, the tax claim established by the IRS must initially be offset by the counterclaim of the estate. … Thus, the conduct of IRS was “willful” under 362(h) because “{t}he action by IRS was clearly directed at collection of the tax debt and therefore was intentional.” Id.

In Re WorldCom, Inc.

347 B.R. 123 · United States Bankruptcy Court, S.D. New York · Jul 26, 2006

Such a supposition is clearly unwarranted. … The Risk of Establishing Damages As previously noted, the Claimants face significant challenges in establishing liability on their claims. This clearly affects the risk of establishing damages.

Lawson Burich Associates, Inc. v. Axelrod (In Re Lawson Burich Ass'n)

59 B.R. 681 · United States Bankruptcy Court, S.D. New York · Apr 4, 1986

The Department further asserts that Lawson has not established the elements necessary for injunctive relief. … The legislative history of the Bankruptcy Code clearly indicates that Code § 106 as a whole was intended to provide a rather “limited” waiver of sovereign immunity; “Section 106 provides for a limited waiver of sovereign

Matter of Reiber's Inn of Westchester, Inc.

1 B.R. 304 · United States Bankruptcy Court, S.D. New York · Nov 19, 1979

The plaintiff was thereafter appointed trustee in bankruptcy and has duly qualified to serve in that capacity. 6. … immunity must also fall.

In Re Refco Inc.

336 B.R. 187 · United States Bankruptcy Court, S.D. New York · Jan 20, 2006

immunity given to members of an official creditors’ committee and the committee’s professionals, 12 the order provides for exculpation of such parties coextensive with such immunity. … Without limiting the foregoing, the exculpation provided in this paragraph shall be coextensive with any Exculpated Party’s qualified immunity under applicable law. 12.

AJ Contracting Co. v. City of New York (In Re AJ Contracting Co.)

300 B.R. 182 · United States Bankruptcy Court, S.D. New York · Oct 14, 2003

— absolute or qualified immunity — that attach to prosecutorial actions when the defendant is sued in an individual capacity. … See 495 U.S. at 308-309 , 110 S.Ct. 1868 ("We conclude that the statutory consent to suit provision, elucidated by the venue provision, establishes the States’ waiver of any Eleventh Amendment immunity that might otherwise

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

480 B.R. 501 · United States Bankruptcy Court, S.D. New York · Oct 11, 2012

The 2006 PPM clearly stated: As a result of the Investment Manager’s selection of Bernard L. … BLI is a “Foreign State” Under The FSIA The initial dispute centers on whether BLI qualifies as a “foreign state” entitled to immunity under the FSIA.

In Re Amsterdam Avenue Development Associates

103 B.R. 454 · United States Bankruptcy Court, S.D. New York · Sep 5, 1989

An escrow was established and the Register so recorded the deed and mortgage. … It is settled, however, that Congress can confer immunity from state taxation, California State Bd. of Equalization v.

In re Gawker Media LLC

571 B.R. 612 · United States Bankruptcy Court, S.D. New York · Aug 21, 2017

Rejecting an immunity argument based on the D.C. anti-SLAPP statute that, like California, did not include an express immunity provision, the Court stated that “qualified immunity allows defendants to avoid liability even … when they may have violated the law so long as they acted reasonably v Qualified immunity (on its own) does not tell a court what showing is necessary at the motion to dismiss or summary judgment stages in order to dismiss

In re Residential Capital, LLC

533 B.R. 874 · United States Bankruptcy Court, S.D. New York · Aug 4, 2015

The evidence shows that GMACM clearly established the following address to which a QWR must be sent (the “QWR Address”): GMAC Mortgage, Attn: Customer Care, PÓ Box 1330, Waterloo, IA 50704-1330. {See Def.’s Ex. … However, the November 2009 Mortgage Statement clearly indicates each address under a bold subheading titled “General Inquiries” or “Qualified Written Request,” respectively (id.), whereas the Roth mortgage statement did not

Prudential Lines, Inc. v. United States Maritime Administration (In Re Prudential Lines, Inc.)

79 B.R. 167 · United States Bankruptcy Court, S.D. New York · Sep 29, 1987

MarAd with respect to asbestosis claims asserted against PLI by its crewmen, (ii) waive the right to seek additional ODS in the event actual costs exceed negotiated costs, (iii) accept an unfavorable base rate cycle to establish … Since this decision is limited to this Court’s jurisdiction and that issue is clearly a core matter, we make no determination of whether the underlying dispute, other than the equitable subordination claim which is clearly

Dana Commercial Credit Corp. v. Nisselson (In Re Center Teleproductions, Inc.)

112 B.R. 567 · United States Bankruptcy Court, S.D. New York · Mar 29, 1990

Bankruptcy trustees, as quasi-judicial officials, derive qualified immunity with respect to the exercise of business judgment under lawful authority. Weissman, 47 B.R. at 466 ; c.f., Bradford Audio Corp. v. … It is established that G.E.M. knew that the Schedule it prepared was to be sent to Dana.

Brooks Fashion Stores, Inc. v. Michigan Employment Security Commission (In Re Brooks Fashion Stores, Inc.)

124 B.R. 436 · United States Bankruptcy Court, S.D. New York · Mar 4, 1991

However, the rates assigned to Alberts were preceded by a “T,” which designates the rate as a temporary rate pending establishment of final rate. … III.Sovereign Immunity MESC insists that it is immune from this declaratory and injunctive suit under the Eleventh Amendment of the Constitution.