Southern District

Futterman, In re--USHA SoHa Terrace, LLC v. RGS Holdings, LLC

Ruling: 
Appointment of chapter 11 trustee was warranted as debtor deliberately abused his authorityand misused the assets of relevant entities for personal purposes. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on May 09,2018, LexisNexis #0618-055

Garcia, In re

Ruling: 
Loan servicer's motion for relief from the automatic stay was denied because it was not a partyin interest as it lacked standing to foreclose on the debtor's property. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-037

Avanti Communs. Grp. PLC, In re

Ruling: 
Court granted foreign representative's motions seeking recognition of the UK proceeding as a foreign main proceeding and enforcement of the scheme of arrangement that was sanctioned by the UK court. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 09,2018, LexisNexis #0518-111

Platinum Partners Value Arbitrage Fund L.P., In re

Ruling: 
Court granted motion to compel a partnership to comply with the subpoena where relief sought was derived exclusively from the provisions of the bankruptcy code. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 17,2018, LexisNexis #0518-112

Bernard L. Madoff Inv. Secs. LLC, In re--Picard v. Magnify Inc.

Ruling: 
Motion to dismiss was denied where defendants received transfers from debtor with acualknowledge that debtor was not trading securities and in bad faith. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 13,2018, LexisNexis #0518-078

Lawski v. Frontier Ins. Grp., LLC

Ruling: 
Liquidator was precluded by the plan and the confirmation order from interfering with the reversionary interests that were property of the reorganized debtor. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 15,2018, LexisNexis #0318-111

HS 45 John LLC, In re--45 John NY, LLC v. HS 45 John LLC

Ruling: 
Summary judgment was denied as debtor had raised material questions of fact regarding thepurchaser's right to sue in relation to the escrow agreement. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 09,2018, LexisNexis #0318-068

Local 46

Ruling: 
Sale transaction approved where debtor was not an alter ego of the other constructioncompany, purchaser was a good faith purchaser, and sale transaction reflects an exercise ofsound business judgment by the debtor. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on January 31,2018, LexisNexis #0318-035

Eppolito, In re

Ruling: 
Creditor's demand for a subordinate note as a condition of a loan modification agreementpost-discharge was a violation of the discharge injunction. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on January 23,2018, LexisNexis #0318-014

Eppolito, In re

Ruling: 
Creditor's demand for a subordinate note as a condition of a loan modification agreementpost-discharge was a violation of the discharge injunction. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on January 23,2018, LexisNexis #0318-014

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