Southern District

Rea, In re

Ruling: 
Discrimination against transgender creditor by debtor was sufficient to support a finding ofwillful injury for purposes of 11 U.S.C. §523(a)(6). (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Rea, In re. 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 July 29,2019, LexisNexis #0919-082

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.)
ABI Membership is required to access the full summary of Motors Liquidation Co., In re. 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 July 10,2019, LexisNexis #0919-031

Gaulsh, In re

Ruling: 
Debtor was not entitled to recovery of surplus from Department of Taxation and Finance claimunless and until all timely and untimely claims were paid in full with interest. (Bankr.S.D.N.Y.)
ABI Membership is required to access the full summary of Gaulsh, In re. 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 July 17,2019, LexisNexis #0919-032

Frankl, In re--Combined Res. Interior, Inc. v. Frankl

Ruling: 
No extraordinarily circumstances warranted equitable tolling of the 60-day period as creditorfailed to establish that it acted with reasonable diligence in prosecuting the non-dischargeability action. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Frankl, In re--Combined Res. Interior, Inc. v. Frankl. 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 July 11,2019, LexisNexis #0919-034

Marcano, In re

Ruling: 
Automatic stay did not go into effect on the petition date as debtor had two cases pendingwithin the prior year. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Marcano, In re. 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 June 24,2019, LexisNexis #0819-080

SunEdison, Inc., In re

Ruling: 
Creditor lacked standing to seek relief from fee award in fraud proceeding as it was not aparty in interest. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of SunEdison, Inc., In re. 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 June 21,2019, LexisNexis #0819-098

Ditech Holding Corp., In re

Ruling: 
Debtors failed to establish cause to excuse them from collateralizing five bank accounts.(Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Ditech Holding Corp., In re. 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 June 24,2019, LexisNexis #0819-077

Lehman Bros. Holdings, In re

Ruling: 
Contested claims were disallowed as they were based solely on an unenforceable guarantee.(Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Lehman Bros. Holdings, In re. 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 May 30,2019, LexisNexis #0819-033

Direct Access, In re

Ruling: 
Trustee's fraudulent transfer claims dismissed where he failed to prove that any transfers weremade with the actual intent to hinder, delay, or defraud creditors. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Direct Access, In re. 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 May 30,2019, LexisNexis #0819-040

Manhattan Jeep Chrysler Dodge, Inc., In re

Ruling: 
Objections to the adequacy of the disclosure of debtor's plan overruled as untimely filed andbecause debtor established that the plan met the requirements for confirmation. (Bankr.S.D.N.Y.)
ABI Membership is required to access the full summary of Manhattan Jeep Chrysler Dodge, Inc., In re. 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 May 15,2019, LexisNexis #0819-016

Pages

Subscribe to Southern District