Jan
10
2020
Lupatech S.A., In re
Ruling:
Court granted Foreign Representative's motion to recognize and enforce orders to effectuatethe purposes of Chapter 15 and protect the interests of creditors. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Lupatech S.A., In re. 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 January 10,2020, LexisNexis #0220-073
Jan
02
2020
Aurora Commer. Corp., In re
Ruling:
Claimant were barred by res judicata as a state court final judgment involved the right to befree from unlawful foreclosure. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Aurora Commer. Corp., In re. 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 January 02,2020, LexisNexis #0220-035
Nov
26
2019
Tineo, In re
Ruling:
Debt was excepted from discharge where creditor justifiably and reasonably relied on debtor'sfalse representation. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Tineo, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 26,2019, LexisNexis #0120-038
Nov
21
2019
Sec. Inv’r Prot. Corp. v. Bernard L. Madoff Inv. Sec., LLC
Ruling:
Trustee was entitled to avoid more than $3 million in fraudulent transfers that were made withactual intent to defraud. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Sec. Inv’r Prot. Corp. v. Bernard L. Madoff Inv. Sec., LLC. 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 November 21,2019, LexisNexis #0120-017
Nov
13
2019
Stearns Holdings, LLC, In re
Ruling:
Court revoked its confirmation order in debtor's Chapter 11 reorganization as it was procuredby fraud. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Stearns Holdings, LLC, In re. 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 November 13,2019, LexisNexis #1219-093
Nov
12
2019
AAGS Holdings, LLC, In re
Ruling:
Creditor's motion to dismiss case was denied where evidence did not show that the debtorfiled the Chapter 11 case without any intention to reorganize. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of AAGS Holdings, LLC, In re. 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 November 12,2019, LexisNexis #1219-092
Oct
23
2019
Markus, In re
Ruling:
Trust assets and proceeds from sale of Chapter 15 debtor’s estate could be turned over toforeign representative. (Bankr. S.D.N.Y.)HOLDINGS [1]-Where the Foreign Representative sought turnover of Chapter 15 debtor's assets in theU.S., including a New York revocable trust, Russian law permitted the Foreign Representative to exercisewhatever rights debtor had with respect to the trust; [2]-The Foreign Representative had the authority torevoke the trust and administer its assets, and no order from the court or from the Russian court wasrequired for the Foreign Representative to revoke the trust; [3]-The Foreign Representative complied withNew York law in exercising debtor's rights as settlor to terminate or revoke the trust under N.Y. Est.Powers & Trusts Law § 7-1.17(b) by executing a revocation document that was witnessed by two persons;[4]-11 U.S.C. § 1521(a) permitted the turnover of the trust assets and proceeds from the sale of Londonproperty held in a New York account.Markus, In re, 2019 Bankr. LEXIS 3324 (Bankr. S.D.N.Y. October 23, 2019) (Glenn, B.J.).
ABI Membership is required to access the full summary of Markus, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 23,2019, LexisNexis #1219-047
Oct
08
2019
Sillerman, In re
Ruling:
Cause existed to appoint a Chapter 11 trustee or convert to Chapter 7 due to debtor's failure tocomply with provisions of the Bankruptcy Code and debtor's failure to make required filings.(Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Sillerman, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 08,2019, LexisNexis #1219-020
Sep
30
2019
Brody, In re--William M. Bryan, Inc. v. Brody
Ruling:
Debt was nondischargeable where debtor was acting in a fiduciary capacity when heimproperly diverted the trust funds to himself. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Brody, In re--William M. Bryan, Inc. v. Brody. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1119-087
Sep
20
2019
Allard, In re
Ruling:
Chapter 7 trustee exercised appropriate judgment in recommending that proposed sales beapproved where liquidation of the properties was necessary to maximize the value of debtor'sestate. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Allard, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 20,2019, LexisNexis #1119-032
Pages
