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Fasciglione, In re--NY Tower Cap. LLC v. Fasciglione

Ruling
Court abstained from hearing lender’s adversary proceeding seeking declaratory judgment in favor of resolution in related state court action. (Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Commercial opinion summary, case decided on December 20, 2024 , LexisNexis #0325-021

Eletson Holdings Inc., In re

Ruling
Debtors' plan was not feasible due to insufficient funding to make all required day one payments under the plan but petitioning creditors’ plan was confirmable. (Bankr. S.D.N.Y.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on October 25, 2024 , LexisNexis #0125-018

Liberty Bridge Cap. Mgmt. GP, LLC, In re

Ruling
Transferee was protected from avoidance even if it failed to conduct a preliminary, diligent inquiry as there were no suspicious facts surrounding the transfer that would reflect the debtor's fraudulent intent or imminent insolvency. (Bankr. S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Seller's Right of Reclamation.

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Commercial opinion summary, case decided on September 24, 2024 , LexisNexis #1224-009

Benton, In re

Ruling
Automatic stay was not in effect where debtor had two cases dismissed within the past year and had not filed an appropriate motion. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on September 24, 2024 , LexisNexis #1224-002

Chen Found., Inc., In re

Ruling
Debtor was not a single asset real estate debtor given that the property contained a culturalcenter. (Bankr. S.D.N.Y.)
Issue(s)
Definitions; “Single Asset Real Estate”.

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Commercial opinion summary, case decided on July 17, 2024 , LexisNexis #0924-026

Hiraldo, In re--Matos v. Hiraldo

Ruling
Court declared $125,000 jury award for battery nondischargeable as a willful and maliciousinjury. (Bankr. S.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on July 09, 2024 , LexisNexis #0924-037

Eletson Holdings Inc., In re

Ruling
Motion to appoint Chapter 11 trustee denied as creditors failed to establish cause based ondebtors' conduct and disclosures. (Bankr. S.D.N.Y.)
Issue(s)
Appointment of Trustee or Examiner.

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Commercial opinion summary, case decided on May 29, 2024 , LexisNexis #0724-095

Richardson Foods, Inc., In re

Ruling
Motion to dismiss denied as subrogation and pledge agreements indicated creditors werecreditors of the debtor's parent entity rather than the debtor. (Bankr. S.D.N.Y.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Commercial opinion summary, case decided on April 19, 2024 , LexisNexis #0624-064

Hal Luftig Co., In re

Ruling
Plan confirmed and nonconsensual third party releases approved as within the court’s subjectmatter jurisdiction. (Bankr. S.D.N.Y.)
Issue(s)
Procedures.

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Commercial opinion summary, case decided on November 22, 2023 , LexisNexis #0124-094

Times Square JV LLC, In re

Ruling
Preliminary injunction did not render the license agreement non-executory as it did not alter the parties' contractual rights and the outstanding obligations on both sides. (Bankr. S.D.N.Y.)
Issue(s)
Executory Contracts and Unexpired Leases.

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Commercial opinion summary, case decided on February 04, 2023 , LexisNexis #0423-009