Jul
02
2021
Securities Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Ruling:
Trustee in SIPA liquidation litigation could avoid and recover fictitious profits received bydefendant as a result of Ponzi scheme investment from defendant’s IRA. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on July 02,2021, LexisNexis #0821-067
Jun
29
2021
Culligan Ltd., In re
Ruling:
Debtor's Chapter 13 case was dismissed with cause due to debtor's failure to propose a feasibleplan, make plan payments, and file his tax returns. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on June 29,2021, LexisNexis #0821-070
Court: ( ) [ Bankruptcy Court ]
Jun
25
2021
Ditech Holding Corp., In re
Ruling:
Claim was disallowed and expunged as time-barred since claimant filed it approximately oneyear after the bar date expired and had not demonstrated excusable neglect in failing to timelyfile the claim. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on June 25,2021, LexisNexis #0821-031
Jun
09
2021
KG Winddown, LLC, In re
Ruling:
Dismissal was warranted as the debtors had sold substantially all of their assets, had nofurther operations, and had insufficient resources to fund a plan. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on June 09,2021, LexisNexis #0721-092
May
25
2021
Helios, In re
Ruling:
Proof of claim deemed timely filed where creditor received insufficient notice. (Bankr.S.D.N.Y.)
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Consumer case opionion summary, case decided on May 25,2021, LexisNexis #0721-047
May
25
2021
Helios, In re
Ruling:
Adversary proceeding dismissed as service addressed to nonexistent entity was defective.(Bankr. D.P.R.)
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Consumer case opionion summary, case decided on May 25,2021, LexisNexis #0721-049
May
11
2021
Navient Sols., LLC, In re
Ruling:
Involuntary debtor was entitled to reasonable attorneys' fees following dismissal. (Bankr.S.D.N.Y.)
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Commercial case opionion summary, case decided on May 11,2021, LexisNexis #0621-077
Apr
30
2021
Aramid Entm't Fund, LLC, In re--Molner v. Reed Smith LLP
Ruling:
Motion for remand based on mandatory or permissive abstention was denied becauseplaintiff's own description of his claims showed that claims arose in the underlyingbankruptcy. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 30,2021, LexisNexis #0621-072
Apr
29
2021
Cyrus Capital Partners, L.P.
Ruling:
Plaintiff's avoidance claims were timely because tolling was triggered by filing of Chapter15 petition. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 29,2021, LexisNexis #0621-026
Apr
23
2021
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
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