Sep
04
2020
Avianca Holdings S.A., In re
Ruling:
Debtors' motion seeking entry of an order authorizing the rejection of contracts was granted inpart as both debtors and creditor had material unperformed obligations. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 04,2020, LexisNexis #1020-055
Aug
18
2020
Manolo Blahnik USA, Ltd, In re
Ruling:
Motion to dismiss involuntary case denied as at least one of the petitioning creditor's claimswas not subject to bona fide dispute. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 18,2020, LexisNexis #0920-076
Aug
11
2020
Motors Liquidation Co., In re
Ruling:
Motions to file late proofs of claim ten years after the bar date denied as plaintiffs failed toestablish excusable neglect. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 11,2020, LexisNexis #0920-075
Apr
03
2020
Serviços De Petróleo Constellation S.A., In re
Ruling:
Withdrawal of foreign nonmain proceeding with respect to one subsidiary of foreign debtorgranted and recognition granted as to nonmain proceeding of second subsidiary inconformity with parent’s recognized foreign proceeding. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 03,2020, LexisNexis #0520-097
Apr
03
2020
Vascular Access Ctrs., L.P., In re
Ruling:
British Virgin Islands proceeding recognized as foreign main proceeding. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 03,2020, LexisNexis #0520-098
Feb
11
2020
Fyre Festival LLC, In re
Ruling:
Default judgment granted authorizing trustee to avoid transfer of festival proceeds toorganizers. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 11,2020, LexisNexis #0320-051
Feb
06
2020
Kao, In re--Ning Yen Yao v. Kao
Ruling:
Obligations were nondischargeable where court demonstrated that the judgment was not atype of support excepted under § 523(a)(5), but rather an equitable distribution. (Bankr.S.D.N.Y.)
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Consumer case opionion summary, case decided on February 06,2020, LexisNexis #0320-067
Jan
23
2020
Watson, In re
Ruling:
Private landlord who participated in Section 8 program was not a governmental unit and couldrevoke or choose not to renew debtor’s lease. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on January 23,2020, LexisNexis #0320-011
Jan
10
2020
Lupatech S.A., In re
Ruling:
Court granted Foreign Representative's motion to recognize and enforce orders to effectuatethe purposes of Chapter 15 and protect the interests of creditors. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on January 10,2020, LexisNexis #0220-073
Oct
23
2019
Markus, In re
Ruling:
Trust assets and proceeds from sale of Chapter 15 debtor’s estate could be turned over toforeign representative. (Bankr. S.D.N.Y.)HOLDINGS [1]-Where the Foreign Representative sought turnover of Chapter 15 debtor's assets in theU.S., including a New York revocable trust, Russian law permitted the Foreign Representative to exercisewhatever rights debtor had with respect to the trust; [2]-The Foreign Representative had the authority torevoke the trust and administer its assets, and no order from the court or from the Russian court wasrequired for the Foreign Representative to revoke the trust; [3]-The Foreign Representative complied withNew York law in exercising debtor's rights as settlor to terminate or revoke the trust under N.Y. Est.Powers & Trusts Law § 7-1.17(b) by executing a revocation document that was witnessed by two persons;[4]-11 U.S.C. § 1521(a) permitted the turnover of the trust assets and proceeds from the sale of Londonproperty held in a New York account.Markus, In re, 2019 Bankr. LEXIS 3324 (Bankr. S.D.N.Y. October 23, 2019) (Glenn, B.J.).
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Consumer case opionion summary, case decided on October 23,2019, LexisNexis #1219-047
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