Southern District

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

Sillerman, In re

Ruling: 
Cause existed to appoint a Chapter 11 trustee or convert to Chapter 7 due to debtor's failure tocomply with provisions of the Bankruptcy Code and debtor's failure to make required filings.(Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on October 08,2019, LexisNexis #1219-020

Brody, In re--William M. Bryan, Inc. v. Brody

Ruling: 
Debt was nondischargeable where debtor was acting in a fiduciary capacity when heimproperly diverted the trust funds to himself. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1119-087

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

Waypoint Leasing Holdings, In re

Ruling: 
Losing bidder as assignee of debtor lacked standing to challenge sale of assets to good faithpurchaser. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 10,2019, LexisNexis #1119-003

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

Ditech Holding Corp., In re

Ruling: 
Confirmation of second amended plan was denied to the extent that it purported to limitconsumer creditors' ability to assert rights of recoupment against the buyers of planned saletransactions under applicable non-bankruptcy law. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 28,2019, LexisNexis #1019-068

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

A&P, In re

Ruling: 
Court did not have the power to waive or extend the statute of limitations where debtors haddone nothing to mislead movant as to the statutory deadline. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 14,2019, LexisNexis #1019-025

Durr Mech. Constr., In re

Ruling: 
Automatic stay extension to non-debtor insurers was warranted as continuation of state courtlitigation against the insurers would have an adverse economic impact on the estate and itsunsecured creditors. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 12,2019, LexisNexis #1019-003

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