Skip to main content

Page Banner(Taxonomy)

judge wiles

Scandia Seafood (New York), Inc., In re

Ruling
There was no ground for dismissal of chapter 7 case where court was unable to find that it was in the best interests of th estate, the debtor, or creditors to abstain from hearing the case. (Bankr. S.D.N.Y.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13.

ABI Membership is required to access the full summary of Scandia Seafood (New York), Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 12, 2017 , LexisNexis #0617-045

Culture Project, In re--SubCulture, LLC v. Rogers Invs.

Ruling
Abstention was warranted as the dispute brought to the court was solely between the sublessee and the lessor and involved only state law issues. (Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention.

ABI Membership is required to access the full summary of Culture Project, In re--SubCulture, LLC v. Rogers Invs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 10, 2017 , LexisNexis #0617-054

Onewoo Corp. v. Hampshire Brands, Inc.

Ruling
Bankruptcy court had no authority to remand a bankruptcy case to the district court as the case was never properly removed to the bankruptcy court. (Bankr. S.D.N.Y.)
Issue(s)
Change of Venue.

ABI Membership is required to access the full summary of Onewoo Corp. v. Hampshire Brands, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 06, 2017 , LexisNexis #0517-060

Relativity Fashion, LLC, In re

Ruling
Award of attorney fees granted to bankruptcy debtors as they properly implemented their confirmed plan with regard to licensing agreement. (Bankr. S.D.N.Y.)
Issue(s)
Compensation of Officers.

ABI Membership is required to access the full summary of Relativity Fashion, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 22, 2017 , LexisNexis #0417-093

Collins, In re--Boles v. Collins

Ruling
Court held that it had no authority to waive creditor's filing fees for an adversary proceeding objecting to discharge. (Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Fees.

ABI Membership is required to access the full summary of Collins, In re--Boles v. Collins Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 10, 2017 , LexisNexis #0417-057

In re Yoga Smoga, Inc.

Ruling
Motion to dismiss an involuntary petition denied was no bona fide dispute that creditors'loans were debt transactions rather than equity transactions. (Bankr. S.D.N.Y.)
Issue(s)
Subordination; Equitable Subordination.

ABI Membership is required to access the full summary of In re Yoga Smoga, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 19, 2016 , LexisNexis #0117-100

In re Relativity Fashion, LLC

Ruling
Banking firms retained by an LLC were entitled to transaction fees under the terms of itsapproved retention agreement. (Bankr. S.D.N.Y.)
Issue(s)
Limitation on Compensation of Professional Persons; Professionals Employed by Trustee or Committee.

ABI Membership is required to access the full summary of In re Relativity Fashion, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 16, 2016 , LexisNexis #0117-064

Stage Presence Inc. v. Geneve Intl Corp. (In re Stage Presence Inc.)

Ruling
Newly discovered evidence supported pleading of fraud claim.
Issue(s)
Did new evidence justify reopening of fraud proceeding?

ABI Membership is required to access the full summary of Stage Presence Inc. v. Geneve Intl Corp. (In re Stage Presence Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 24, 2016 , LexisNexis #0716-090

In re Relativity Fashion LLC

Ruling
Priority claim for compensation denied to creditor who lacked contractual relationship with debtor.
Issue(s)
Was creditor who had never been a contract employee of debtor entitled to an administrative expense claim for compensation?

ABI Membership is required to access the full summary of In re Relativity Fashion LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 18, 2016 , LexisNexis #0316-048

In re Daebo Intl Shipping Co. Ltd.

Ruling
Attachment on vessel ordered released as violating a stay order issued by a Korean court in foreign insolvency proceeding.
Issue(s)
Should the bankruptcy court vacate maritime attachments as violating an order of a Korean court in a foreign insolvency proceeding?

ABI Membership is required to access the full summary of In re Daebo Intl Shipping Co. Ltd. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 15, 2015 , LexisNexis #0116-031