Judge Sotomayor

Browning v. MCI Inc. (In re WorldCom Inc.)

Appellant landowner challenged an order of the District Court for the Southern District of New York affirming an order of the Bankruptcy Court for the Southern District of New York granting the reorganized debtor-appellee corporation's motion to bar the landowner from prosecuting Kansas state law claims for trespass and unjust enrichment against the corporation following its emergence from a Chapter 11 proceeding.
Ruling: 
Prepetition state law right of action for trespass was discharged by plan confirmation.
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Commercial case opionion summary, case decided on October 14,2008, LexisNexis #1108-032

Official Committee of Equity Sec. Holders v. Official Comm. of Unsecured Creditors (In re Adelphia Communs. Corp.)

Appellant, a committee of equity security holders, appealed from an order of the United States District Court for the Southern District of New York, which dismissed the equity committee's appeal from the confirmation order of the United States Bankruptcy Court for the Southern District of New York, approving a chapter 11 bankruptcy plan.
Ruling: 
Bankruptcy court properly withdrew equity security holders committee's derivative standing and approved plan.
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Commercial case opionion summary, case decided on September 24,2008, LexisNexis #1008-066

Argo Fund Ltd. v. Board of Dirs. of Telecom Arg. S.A. (In re Board of Dirs. of Telecom Arg. S.A.)

Appellant creditor appealed from a decision by the United States District Court for the Southern District of New York, which affirmed an order of the bankruptcy court), granting a petition by appellee, the board of directors of debtor, a major Argentine telecommunications company, for recognition of an ancillary foreign insolvency proceeding under former 11 U.S.C.S. § 304.
Ruling: 
Recognition of ancillary foreign proceeding affirmed.
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Commercial case opionion summary, case decided on May 29,2008, LexisNexis #0608-134

Supplee v. Bethlehem Steel Corp. (In re Bethlehem Steel Corp.)

Contending that a portion of the early retirement benefits that became due when he was terminated without cause by appellee debtor was entitled to administrative priority under 11 U.S.C. § 507(a)(1), appellant former employee sought review of a judgment of the District Court for the Southern District of New York affirming the bankruptcy court's determination that the payment at issue was not an administrative expense.
Ruling: 
Claim for lump sum payment of retirement benefits to employee terminated by debtor was not entitled to administrative priority.
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