- 11 U.S.C.
Borges v. Placeres (In re Placeres)
Dec
29
2016
Ruling
Creditor's nondischargeability claim dismissed because debtor did not commit offendingconduct while acting in a fiduciary capacity. (Bankr. S.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Court
:
- 28 U.S.C.
Picard v. HSBC Bank PLC (In re Bernard L. Madoff Inv. Sec. LLC)
Dec
14
2016
Ruling
Court dismissed cross-claims for lack of jurisdiction as outcome would not have anyconceivable effect on the estate. (Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings.
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Court
:
- 11 U.S.C.
In re Fairfield Sentry
Nov
22
2016
Ruling
Bankruptcy court could not carve out a portion of settlement agreement to approve a sale ofclaims. (Bankr. S.D.N.Y.)
Issue(s)
Use, Sale, or Lease of Property.
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Court
:
- 11 U.S.C.
Securities Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC (In re Madoff)
Nov
21
2016
Ruling
Trustee’s claims to recover subsequent transfers that made by initial transferee funds thatwere debtors in foreign insolvency proceedings dismissed on grounds of international comity.(Bankr. S.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property; Recovery From Immediate or Mediate Subsequent Transferee.
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Court
:
- 11 U.S.C.
In re SunEdison, Inc.
Sep
13
2016
Ruling
Relief from stay absent cause. (Bankr. S.D.N.Y.)
Issue(s)
Should creditor be granted relief from the automatic stay to liquidate its prepetition claims against debtors arising from an unconsummated merger transaction in state court?
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Court
:
- 11 U.S.C.
In re Sunedison, Inc.
Aug
11
2016
Ruling
Motion to appoint equity committee denied with prejudice. (Bankr. S.D.N.Y.)
Issue(s)
Was creation of a committee of equity security holders necessary?
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Court
:
- 28 U.S.C.
In re SunEdison Inc.
May
10
2016
Ruling
Receipt of retirement benefits by bankruptcy judge's wife from pension plans funded by law firm to be hired by the official committee of unsecured creditors was not grounds for recusal.
Issue(s)
Should the bankruptcy judge recuse himself when his wife was receiving benefits from pension plans funded by the law firm the official committee of unsecured creditors was seeking to hire.
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Court
:
- FRBP
In re Johnson
Apr
25
2016
Ruling
Creditor's proof of claim met burden for establishing validity and amount.
Issue(s)
Did creditor's proof of claim meet creditor's burden of establishing validity and amount of the claim?
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Court
:
- FRBP
In re Quigley Co.
Mar
18
2016
Ruling
Access to list of creditors filed in case eleven years earlier denied.
Issue(s)
Could a company conducting an investigation into the conduct of a law firm and the former speaker of the state assembly, who was of counsel to the firm, obtain access to a schedule of clients represented by the members of a former ad hoc committee of asbestos victims, a group that included the law firm?
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Court
:
- 11 U.S.C.
Stillwater Liquidating LLC v. Gray (In re Gray)
Mar
15
2016
Ruling
Discharge denied due to failure to keep adequate records. (Bankr. N.D.N.Y.)
Issue(s)
Should debtors’ discharge be denied for failure to keep adequate records?
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Court
: