Judge Bernstein

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

Ruling: 
Claims of "customers" of debtor's Ponzi scheme dismissed due to failure to show that creditors entrusted debtor with assets directly rather than through a fund.
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Commercial case opionion summary, case decided on August 22,2014, LexisNexis #0914-082

Gowan v. Westford Asset Mgmt. LLC (In re Dreier LLP)

Ruling: 
Bankruptcy judge lacked authority to issue writ of habeas corpus.
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Commercial case opionion summary, case decided on July 30,2014, LexisNexis #0914-001

In re East 81st LLC

Ruling: 
Case dismissed for cause due to negative cash flow and no likelihood of rehabilitation.
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Commercial case opionion summary, case decided on March 17,2014, LexisNexis #0414-065

In re Ampal-American Isr. Corp.

Ruling: 
Damages for violation of stay denied in absence of allegations of injury in capacity as creditors.
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Commercial case opionion summary, case decided on December 16,2013, LexisNexis #0114-008

In re Old Carco LLC

Ruling: 
Stipulation granting relief from now-expired stay to allow limited recovery against debtor's insurance did not prevent creditor from proceeding against parties never covered by the stay.
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Commercial case opionion summary, case decided on November 08,2013, LexisNexis #1213-010

In re Quigley Co.

Ruling: 
Fee of law firm representing Official Committee of Unsecured Creditors approved with reductions for unnecessary work.
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Commercial case opionion summary, case decided on October 24,2013, LexisNexis #1113-109

In re Pulp Finish 1 Co.

Ruling: 
Relief from stay to allow state slander and defamation action denied absent cause.
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Commercial case opionion summary, case decided on October 02,2013, LexisNexis #1013-075

In re 415 W. 150 LLC

Ruling: 
Law firm for receiver not entitled to fees for unreasonable, unnecessary services that did not benefit the estate.
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Commercial case opionion summary, case decided on August 28,2013, LexisNexis #0913-071

Schuman v. Connaught Group Ltd. (In re Connaught Group Ltd.)

Putative class named plaintiff brought adversary claims under the Federal and New York State Workers Adjustment and Retraining Notification (WARN) Acts, asserting that debtor, which was engaged in the business of designing and selling fashion apparel for women, failed to give required notice. After debtor's plan was confirmed, the class plaintiff moved for certification of the class, and the debtor's trust opposed the motion.
Ruling: 
Class certification granted with regard to WARN Act claims against debtor.
ABI Membership is required to access the full summary of Schuman v. Connaught Group Ltd. (In re Connaught Group Ltd.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 16,2013, LexisNexis #0513-035

In re Ampal-American Ins. Corp.

In a chapter 11 case, the Official Committee of Unsecured Creditors (the Committee) asked the court to approve a corporate government stipulation. The stipulation was opposed by the debtor's controlling shareholder and the United States Trustee.
Ruling: 
Operating trustee appointed in case involving numerous disputes regarding control of debtor pending confirmation.
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Commercial case opionion summary, case decided on April 05,2013, LexisNexis #0513-027

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