Southern District

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.)
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Commercial case opionion summary, case decided on January 10,2020, LexisNexis #0220-073

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.)
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Commercial case opionion summary, case decided on January 02,2020, LexisNexis #0220-035

Tineo, In re

Ruling: 
Debt was excepted from discharge where creditor justifiably and reasonably relied on debtor'sfalse representation. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on November 26,2019, LexisNexis #0120-038

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.)
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Commercial case opionion summary, case decided on November 21,2019, LexisNexis #0120-017

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.)
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Commercial case opionion summary, case decided on November 13,2019, LexisNexis #1219-093

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.)
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Commercial case opionion summary, case decided on November 12,2019, LexisNexis #1219-092

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.).
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Consumer case opionion summary, case decided on October 23,2019, LexisNexis #1219-047

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.)
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Consumer case opionion summary, case decided on October 08,2019, LexisNexis #1219-020

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.)
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Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1119-087

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.)
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Consumer case opionion summary, case decided on September 20,2019, LexisNexis #1119-032

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