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southern district of new york

Firstbase.io, Inc., In re--Firstbase.io, Inc. v. Harbor Bus. Compliance Corp.

Ruling
Judicial lien avoided as preferential transfer made within 90 days of bankruptcy while debtor was insolvent. (Bankr. S.D.N.Y.)
Issue(s)
Preferences.

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Commercial opinion summary, case decided on May 06, 2025 , LexisNexis #0725-042

B.C.I. Fins. Pty, In re

Ruling
Liquidator of estates of foreign debtors was entitled to discovery rights to investigate potential claims against debtors’ founders and third parties that aided and abetted breaches of fiduciary duty. (Bankr. S.D.N.Y.)
Issue(s)
Relief That May Be Granted Upon Recognition; Types of Appropriate Relief; Discovery.

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Commercial opinion summary, case decided on March 10, 2025 , LexisNexis #0525-047

Spirit Airlines, Inc., In re

Ruling
Airline’s Chapter 11 plan confirmed with third-party releases due to clear notice and substantial creditor recoveries. (Bankr. S.D.N.Y.)
Issue(s)
Contents of Plan.

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Commercial opinion summary, case decided on March 07, 2025 , LexisNexis #0525-041

In re Urban Commons 2 W. LLC

Ruling
Foreclosure sale was a legal proceeding that could compel interest holders to accept a money satisfaction, justifying proposed free and clear sale of debtors’ leasehold interest in hotel. (Bankr. S.D.N.Y.)
Issue(s)
Use, Sale or Lease of Property; When Property May Be Sold Free and Clear of Any Interest; Where Acceptance of Money Satisfaction Could be Compelled.

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Commercial opinion summary, case decided on March 04, 2025 , LexisNexis #0525-008

Mulberry Dev., LLC, In re

Ruling
Dismissal served the interests of both the debtor and creditors as the debtor showed no intent to fulfill its obligations and creditors could pursue claims outside of bankruptcy without further delay. (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 February 28, 2025 , LexisNexis #0525-018

Grover, In re--Busche v. Grover

Ruling
Court found that the state court judgment did not actually decide the issue of fraud against debtor which is a necessary element for collateral estoppel to apply in a nondischargeability proceeding. (Bankr. S.D.N.Y.)
Issue(s)
Exceptions to Discharge.

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Consumer opinion summary, case decided on February 26, 2025 , LexisNexis #0425-086

Corben, In re

Ruling
A Chapter 13 debtor's voluntary dismissal does not deprive the court of authority to impose conditions on dismissal. (Bankr. S.D.N.Y.)
Issue(s)
Effect of Dismissal; Subsequent Filings.

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Consumer opinion summary, case decided on February 25, 2025 , LexisNexis #0425-076

Mega Newco, In re

Ruling
English proceeding recognized as a "foreign main proceeding" because debtor's registered office is in London, and there was no contrary evidence that its center of main operations is located outside the United Kingdom. (Bankr. S.D.N.Y.)
Issue(s)
Order Granting Recognition; Requirements; Foreign Main or Nonmain Proceeding.

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Consumer opinion summary, case decided on February 24, 2025 , LexisNexis #0425-094

Hal Luftig Co., In re

Ruling
Extension of stay to debtor’s non-debtor sole shareholder for life of five-year plan satisfied the "unusual circumstance" test as enforcing the judgment against him would adversely impact the debtor's reorganization efforts. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay; Duration; All Other Acts.

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Commercial opinion summary, case decided on February 24, 2025 , LexisNexis #0425-082

Fun Bowl Vacations, Inc., In re--O'Toole v. Heinemann

Ruling
Transfers were avoidable as fraudulent due to lack of reasonably equivalent value and debtor's insolvency. (Bankr. S.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.

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Commercial opinion summary, case decided on January 06, 2025 , LexisNexis #0325-042