Judge Bernstein

Breitburn Energy Partners LP, In re

Ruling: 
Claimant failed to prove her claims and discharge the burden of proof placed upon her,causing them to be disallowed by the court. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 18,2017, LexisNexis #0917-068

Sec. Inv'r Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC

Ruling: 
Court withdrew its opinion denying certification because it was issued in error as it lost jurisdiction to decide the certification motion. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on July 19,2017, LexisNexis #0817-120

Gawker Media LLC, In re

Ruling: 
Pre-litigation discovery could not be granted after plan administrator failed to show that itwould suffer hardship or injustice. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on June 28,2017, LexisNexis #0817-026

SunEdison, Inc., In re

Ruling: 
Motion for examination regarding a sale agreement denied for debtors' failure to demonstratethat the discovery they sought was needed to accomplish the purposes they had identified.(Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on June 16,2017, LexisNexis #0717-085

Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Secs. LLC

Ruling: 
Court denied trustee's request that the court certify direct appeal of the judgment to theSecond Circuit. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on May 04,2017, LexisNexis #0717-026

Old Carco LLC, In re--Grimstad v. FCA US LLC

Ruling: 
Pre-sale defect complaint against debtor was not barred by Sale Order. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 28,2017, LexisNexis #0517-147

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

Ruling: 
Trustee’s determinations denying customer claims was granted as the claimants failed toqualify as customers as defined in the Securities Investor Protection Act. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on April 07,2017, LexisNexis #0517-083

Breitburn Energy LP, In re

Ruling: 
Relief from automatic stay was granted with certain limitations to allow the parties to resolvethe issues relating to the payment of royalties. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 14,2017, LexisNexis #0517-063

Queen Elizabeth Realty Corp., In re

Ruling: 
Creditor's motion to file late claim granted where creditor's predecessor did not receive actual or constructive notice of the bar date and resulting delay was not unreasonable. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on March 24,2017, LexisNexis #0417-119

Spizz v. Goldfarb Seligman & Co. (In re Ampal-American Isr. Corp.)

Ruling: 
Presumption against extraterritoriality prevented trustee from avoiding and recoveringprepetition transfer made in Israel. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on January 09,2017, LexisNexis #0217-041

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