Nov
03
2023
Sec. Inv. Prot. Corp. v. Bernard L. Madoff Inv. Secs. LLC
Ruling:
Motion to dismiss avoidance proceeding based on grounds of good faith required a factintensive inquiry not appropriate to resolve at early stage of litigation. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on November 03,2023, LexisNexis #0124-013
Sep
29
2023
Ditech Holding Corp., In re
Ruling:
There was no basis for the court to order the U.S. Trustee and/or the Attorney General tointervene on claimant's behalf in proceeding to compel debtor to amend schedules. (Bankr.S.D.N.Y.)
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Commercial case opionion summary, case decided on September 29,2023, LexisNexis #1223-048
Oct
06
2023
Genesis Global Holdco, LLC, In re
Ruling:
Court approved settlement agreement as it was fair, equitable, and in the best interests of theestate. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 06,2023, LexisNexis #1223-049
Oct
03
2023
Securities Investor Prot. Corp. v. Bernard L. Madoff Inv. Secs. LLC
Ruling:
Liquidation trustee was entitled to seek recovery of subsequent transfers from a partner of theinitial transferee where the recovery from the initial transferee had not been fully satisfied.(Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 03,2023, LexisNexis #1223-039
Oct
04
2023
Securities Investor Prot. Corp. v. Bernard L. Madoff Inv. Secs. LLCl
Ruling:
Court denied defendant's motion to amend affirmative defenses to include a defense of setoff.(Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 04,2023, LexisNexis #1223-040
Oct
02
2023
Roman Catholic Diocese of Rockville Ctr., In re
Ruling:
Committee of unsecured creditors lacked derivative standing to prosecute a proceeding onbehalf of the bankrutpcy estate to assert violations against several insurers. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 02,2023, LexisNexis #1223-041
Sep
22
2023
Grupo Aeromexico, In re--Invictus Glob. Mgmt., LLC v. Monomoy Cap. Partners LLC
Ruling:
Exculpatory clause in Chapter 11 plan did not bar state law action. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 22,2023, LexisNexis #1123-099
Sep
18
2023
Ginn, In re
Ruling:
Debtor's filings were not made in good faith as each time he amended his plan he affirmedthat he would make ongoing payments and almost always failed to do so. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on September 18,2023, LexisNexis #1123-047
Sep
06
2023
Parkchester Oral & Maxillofacial Surgery Assocs. PC, In re
Ruling:
Appointment of a patient care ombudsman was not required as debtor health care businessdid not have any history of problems with patient care. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 06,2023, LexisNexis #1123-003
Aug
31
2023
Pressman, In re
Ruling:
Motion to extend the time to object to discharge denied as the creditors were aware of thebankruptcy filing and had an obligation to act diligently. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on August 31,2023, LexisNexis #1023-096
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