Judge Glenn

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

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

Allard, In re

Ruling: 
Chapter 7 trustee exercised appropriate judgment in recommending that proposed sales beapproved where liquidation of the properties was necessary to maximize the value of debtor'sestate. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on September 20,2019, LexisNexis #1119-032

Aegerion Pharms., In re

Ruling: 
Plan was confirmed where there were good business reasons for separate classification ofongoing trade creditors’ claims. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 10,2019, LexisNexis #1119-017

Velez, In re

Ruling: 
Chapter 7 trustee had standing to seek to reopen the case where debtor was a plaintiff in a pre-petition personal injury case that he failed to disclose in his bankruptcy case. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on August 21,2019, LexisNexis #1019-051

Motors Liquidation Co., In re

Ruling: 
Court held that the new company could not be liable for punitive damages based solely ondebtor's conduct under a successor liability theory. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on July 10,2019, LexisNexis #0919-031

Serviços de Petróleo Constellation S.A., In re

Ruling: 
Court granted recognition of several debtors' foreign main proceeding as to several debtors inconsolidated case after they satisfied the recognition requirements. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on May 09,2019, LexisNexis #0719-072

Bressler, In re

Ruling: 
Creditor's motion to extend the deadline to object to discharge was denied as motion wasuntimely and equity did not compel the court to permit a late filing. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on May 10,2019, LexisNexis #0719-054

Kerner, In re

Ruling: 
Court denied debtor's motion to expunge claim as he failed to sustain the burden of proof.(Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on May 10,2019, LexisNexis #0719-057

Ts Empl., In re

Ruling: 
Trustee entitled to recover fees paid to creditor as constructive fraudulent transfers under statelaw. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 28,2019, LexisNexis #0419-036

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