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Borges v. Placeres (In re Placeres)

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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Consumer opinion summary, case decided on December 29, 2016 , LexisNexis #0217-008

Picard v. HSBC Bank PLC (In re Bernard L. Madoff Inv. Sec. LLC)

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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Commercial opinion summary, case decided on December 14, 2016 , LexisNexis #0117-058

In re Fairfield Sentry

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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Commercial opinion summary, case decided on November 22, 2016 , LexisNexis #1216-069

Securities Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC (In re Madoff)

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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Commercial opinion summary, case decided on November 21, 2016 , LexisNexis #1216-112

In re SunEdison, Inc.

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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Commercial opinion summary, case decided on September 13, 2016 , LexisNexis #1016-007

In re Sunedison, Inc.

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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Commercial opinion summary, case decided on August 11, 2016 , LexisNexis #0916-029

In re SunEdison Inc.

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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Commercial opinion summary, case decided on May 10, 2016 , LexisNexis #0616-032

In re Johnson

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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Consumer opinion summary, case decided on April 25, 2016 , LexisNexis #0516-101

In re Quigley Co.

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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Commercial opinion summary, case decided on March 18, 2016 , LexisNexis #0416-068

Stillwater Liquidating LLC v. Gray (In re Gray)

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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Consumer opinion summary, case decided on March 15, 2016 , LexisNexis #1016-095