Southern District

Lehman Bros. Holdings, Inc., In re--Lehman Bros. Holdings, Inc. v. 1st Advantage Mortg., LLC

Ruling: 
Defendants' motions to transfer venue denied where interest of justice weighed heavily in favor of retaining venue of all of the adversary proceedings. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-089

Petroleum Kings, LLC, In re--United Energy Corp. v. Petroleum Kings, LLC

Ruling: 
Creditor's proof of claim that was filed in compliance with the federal rules of bankruptcy procedure was prima facie evidence of the validity of the creditor's claim. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 14,2014, LexisNexis #1118-066

Teltronics, Inc., In re

Ruling: 
Judgment affirmed where bankruptcy court properly denied trustee's Daubert motion as he failed to prove that debtor was insolvent at the time of the transfer. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-076

Lehman Bros. Holdings, Inc., In re

Ruling: 
Motion to issue substituted preferred stock under a pre-effective date charter was denied as the plan administrator did not have the power to do so. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 11,2018, LexisNexis #1118-086

Motors Liquidation Co., In re

Ruling: 
Settlement agreement could not be approved as it proposed to permit payment of late-filed claims on behalf of over 11 million claimants who suffered economic loss due to defects in vehicles the debtor manufactured without certifying those claimants as class claimants. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 24,2018, LexisNexis #1118-060

Fairfield Sentry Ltd., In re--Fairfield Sentry Ltd. v. Theodoor GGC Amsterdam

Ruling: 
Motion to dismiss for lack of subject matter jurisdiction was denied as the court had "relatedto" subject matter jurisdiction over the U.S. Redeemer Actions. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 06,2018, LexisNexis #1018-086

Lehman Bros. Holdings Inc., In re--Lehman Bros. Holdings Inc. v. 1st Advantage Mortg., LLC

Ruling: 
Defendants' motion to dismiss was denied where exception was not applicable as the indemnification claims did not arise from any post-petition business of the liquidated debtors. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 13,2018, LexisNexis #0918-119

D'Arata, In re

Ruling: 
Counsel ordered to return fee he charged debtor as he failed provide adequate representation at the debtor's § 341 meetings. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-034

Madoff, In re--Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC

Ruling: 
Court sustained trustee's determination of the claims at zero as the claimant waived anyobjection to the treatment of "PW" transactions in the LLC's accounts as cash withdrawals.(Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on July 27,2018, LexisNexis #0918-007

Moyer Grp., Inc., In re--Pereira v. Frenkel Benefits, LLC

Ruling: 
Defendant's motion to dismiss the eleventh claim for relief granted as the amended complaintfailed to assert with sufficient specificity that defendant was unjustly enriched. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on June 26,2018, LexisNexis #0818-026

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