Judge Drain

Windstream Holdings, Inc., In re--Windstream Holdings, Inc. v. Charter Communs. Inc.

Ruling: 
Telecom company violated the automatic stay terminating "last mile" connectivity service todebtors' customers. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 08,2021, LexisNexis #0521-057

53 Stanhope LLC, In re

Ruling: 
Plan confirmation was denied as lender's claims would give rise to impaired claims. (Bankr.S.D.N.Y.)
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Commercial case opionion summary, case decided on February 18,2021, LexisNexis #0321-093

Frontier Communs. Corp., In re

Ruling: 
Work to be performed by investment banker and financial advisor that debtor sought to retaindid not warrant a bonus above market compensation. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 30,2020, LexisNexis #1220-052

A&P, In re

Ruling: 
Court did not have the power to waive or extend the statute of limitations where debtors haddone nothing to mislead movant as to the statutory deadline. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 14,2019, LexisNexis #1019-025

Petroleum Kings, LLC, In re--United Energy Corp. v. Petroleum Kings, LLC

Ruling: 
Creditor's proof of claim that was filed in compliance with the federal rules of bankruptcy procedure was prima facie evidence of the validity of the creditor's claim. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Petroleum Kings, LLC, In re--United Energy Corp. v. Petroleum Kings, LLC. 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 October 14,2014, LexisNexis #1118-066

Lawski v. Frontier Ins. Grp., LLC

Ruling: 
Liquidator was precluded by the plan and the confirmation order from interfering with the reversionary interests that were property of the reorganized debtor. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 15,2018, LexisNexis #0318-111

Canal Asphalt, Inc., In re

Ruling: 
Court held that claim under the "fifth" mortgage note was wholly unsecured and governed by the terms of the debtor's confirmed plan that pertain to unsecured claims. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on May 10,2017, LexisNexis #0617-037

Development Specialists, Inc. v. Varanese (In re Coudert Bros. LLP)

Ruling: 
Default judgment entered in favor of constructive fraudulent transfer claim. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on November 21,2016, LexisNexis #1216-111

In re Congregation Birchos Yosef

Ruling: 
Creditors sanctioned for violating stay by commencing proceeding against debtor's principals in a Jewish religious court.
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Commercial case opionion summary, case decided on August 24,2015, LexisNexis #0915-040

In re Carrsow-Franklin

Ruling: 
Objection to proof of claim sustained due to mortgage creditor's practice of creating documentary evidence after-the-fact when enforcing claims pursuant to assignments.
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Consumer case opionion summary, case decided on January 28,2015, LexisNexis #0315-017

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