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Judge Drain

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.)
ABI Membership is required to access the full summary of Lawski v. Frontier Ins. Grp., 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 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.)
ABI Membership is required to access the full summary of Development Specialists, Inc. v. Varanese (In re Coudert Bros. LLP). 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 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.
ABI Membership is required to access the full summary of In re Carrsow-Franklin. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 28,2015, LexisNexis #0315-017

In re MPM Silicones LLC

Ruling: 
Claims of senior note-holders properly subordinated to claims of second lien holders.
ABI Membership is required to access the full summary of In re MPM Silicones 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 September 09,2014, LexisNexis #1014-011

In re Excel Mar. Carriers Ltd.

Ruling: 
Motion for termination of exclusivity period denied.
ABI Membership is required to access the full summary of In re Excel Mar. Carriers 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 September 13,2013, LexisNexis #1013-062

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