Southern District

Islamic Bank

Ruling: 
Official committee of unsecured creditors was entitled to turnover of funds that debtorinvested with foreign banks that were not entitled to setoff of those funds against debts owedto them by debtor. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 23,2021, LexisNexis #0621-014

PT Bakrie Telecom Tbk, In re

Ruling: 
Indonesian insolvency proceeding was recognized as foreign main proceeding. (Bankr.S.D.N.Y.)
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Commercial case opionion summary, case decided on April 15,2021, LexisNexis #0621-022

Miszko, In re

Ruling: 
Disgorgement of fees ordered where debtor's counsel collected fees directly from debtor andthen filed a proof of claim in the same amount. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on April 22,2021, LexisNexis #0621-003

Sklar, In re--Garcia v. Sklar

Ruling: 
Creditor was not entitled to retroactive relief from the automatic stay because the lawsuit wasfiled in violation of the automatic stay but granted prospective relief from stay to allow to filea new lawsuit against the debtor. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on April 20,2021, LexisNexis #0621-005

WP Realty Acquisition III LLC, In re--BGFI GP I LLC v. Prieto

Ruling: 
Motion for abstention from hearing contract proceeding between managing member of debtorand third party denied as it was a core proceeding involving changes in control of debtor thatwould directly impact on the bankruptcy case. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on March 30,2021, LexisNexis #0521-073

Windstream Holdings, Inc., In re--Windstream Holdings, Inc. v. Charter Communs. Inc.

Ruling: 
Telecom company violated the automatic stay terminating "last mile" connectivity service todebtors' customers. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 08,2021, LexisNexis #0521-057

Miami Metals I, Inc., In re--Cooperatieve Rabobank U.A. v. Crowe LLP

Ruling: 
Court exercised mandatory from professional negligence action brought by debtor's lendersagainst debtor's auditors. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on March 24,2021, LexisNexis #0521-050

Wildenstein, In re--Regal Jewelry & Gift Shop, LLC v. Wildenstein

Ruling: 
Debt was nondischargeable where debtor deliberately misled plaintiff as to her intent toinduce plaintiff to sell jewelry to her in exchange for post-dated checks. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on March 24,2021, LexisNexis #0521-036

Miami Metals I, Inc., In re--Cooperatieve Rabobank U.A. v. Crowe LLP

Ruling: 
Court exercised mandatory from professional negligence action brought by debtor's lendersagainst debtor's auditors. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Miami Metals I, Inc., In re--Cooperatieve Rabobank U.A. v. Crowe LLP. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 24,2021, LexisNexis #0521-050

Wildenstein, In re--Regal Jewelry & Gift Shop, LLC v. Wildenstein

Ruling: 
Debt was nondischargeable where debtor deliberately misled plaintiff as to her intent toinduce plaintiff to sell jewelry to her in exchange for post-dated checks. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on March 24,2021, LexisNexis #0521-036

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