Southern District

VP Williams Trans, LLC, In re

Ruling: 
Creditor's election of secured status for claim based on security interest in debtor’s taximedallion was timely, effective and not waived. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 29,2020, LexisNexis #1120-045

BICOM NY, LLC, In re--Jalbert v. Gryaznova

Ruling: 
A woman seeking permanent residency was entitled to dismissal of an avoidance proceedingas she did not have knowledge, dominion and control on the funds debtor passed throughtheir joint account. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 21,2020, LexisNexis #1120-013

Leary, In re--Leary v. Great Lakes Educ. Loan Servs.

Ruling: 
Student loan servicer were warranted under 11 U.S.C. § 105 due to indifference to theproceeding which seriously prejudiced the debtor. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on September 08,2020, LexisNexis #1020-050

Avianca Holdings S.A., In re

Ruling: 
Debtors' motion seeking entry of an order authorizing the rejection of contracts was granted inpart as both debtors and creditor had material unperformed obligations. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 04,2020, LexisNexis #1020-055

Manolo Blahnik USA, Ltd, In re

Ruling: 
Motion to dismiss involuntary case denied as at least one of the petitioning creditor's claimswas not subject to bona fide dispute. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 18,2020, LexisNexis #0920-076

Motors Liquidation Co., In re

Ruling: 
Motions to file late proofs of claim ten years after the bar date denied as plaintiffs failed toestablish excusable neglect. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 11,2020, LexisNexis #0920-075

JVJ Pharm. Inc., In re--LaMonica v. Harrah's Atl. City Operating Co.

Ruling: 
Cash advances to debtor’s principal by casino’s agent were constructively fraudulent. (Bankr.S.D.N.Y.)
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Commercial case opionion summary, case decided on July 24,2020, LexisNexis #0920-015

MF Global Holdings Ltd., In re--MF Global Holdings Ltd. v. Harrington

Ruling: 
Application of the 2017 increase in U.S. Trustee quarterly fees applies to all pending cases, isuniform and does not violate the Takings Clause. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 24,2020, LexisNexis #0620-075

A.N. Frieda Diamonds, Inc., In re--Harrison v. Konfino

Ruling: 
Trustee could not ignore creditor’s claim against pawn shop that sold diamonds consigned bydebtor that were subject to creditor’s security interest. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 29,2020, LexisNexis #0620-066

Firestar Diamond, Inc., In re

Ruling: 
Banks' claims were disallowed as the trustee demonstrated that these were based on amountsowed to entities that received fraudulent transfers from the corporate debtors. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 22,2020, LexisNexis #0620-032

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