Mar
11
2023
Voyager Digital Holdings, In re
Ruling:
Objections that sale transaction would be illegal and that debtors would be unable to complete a proposed liquidation for regulatory reasons were rejected as there was no evidence or legal argument to support such contentions. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on March 11,2023, LexisNexis #0523-019
Feb
23
2023
Maidan, In re
Ruling:
Developer lacked standing to object to trustee’s motion to liquidate debtor’s interest in LLC as it was not a creditor and did not hold a membership or direct economic interest in the LLC. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on February 23,2023, LexisNexis #0423-069
Feb
14
2023
Revlon Inc., In re--IMCO CLO 10 Ltd. v. Revlon, Inc.
Ruling:
Debtors' motion to dismiss all claims against them was granted as the creditors lacked standing to assert their claims for equitable relief. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 14,2023, LexisNexis #0423-029
Feb
02
2023
Cortlandt Liquidating LLC, In re
Ruling:
Lease rejection damages were properly calculated and statutory cap applied only to damages that were attributable to the fact that the term of the lease had come to an end. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 02,2023, LexisNexis #0423-010
Feb
03
2023
Tihi Rest. Corp., In re
Ruling:
Automatic stay lifted for landlord as the debtor had failed to pay post-petition rent for the property in an amount that exceeded the debtor's security deposit. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 03,2023, LexisNexis #0423-007
Feb
04
2023
Times Square JV LLC, In re
Ruling:
Preliminary injunction did not render the license agreement non-executory as it did not alter the parties' contractual rights and the outstanding obligations on both sides. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 04,2023, LexisNexis #0423-009
Jan
30
2023
Orslini, In re--Long Island Invasive Surgery, P.C. v. Orslini
Ruling:
Default judgment debt was nondischargeable as debtor's failure to turn over the proceeds ofinsurance checks to a surgical center constituted embezzlement. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on January 30,2023, LexisNexis #0323-084
Jan
26
2023
Mazloom, In re--Mazloom v. Navient Sols., LLC
Ruling:
Private student loan was incurred to cover qualified education expenses of the debtor and soconstituted a nondischargeable debt. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on January 26,2023, LexisNexis #0323-089
Jan
27
2023
Avianca Holdings S.A., In re
Ruling:
Foreign creditors sanctioned for violating the discharge injunction by failing to discontinuetheir foreign actions. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on January 27,2023, LexisNexis #0323-076
Jan
26
2023
Avianca Holdings S.A., In re
Ruling:
Creditor lease brokers were entitled to have the court compel the debtor to make timelypayment of certain post-petition amounts due. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on January 26,2023, LexisNexis #0323-081
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