Southern District

SunEdison, Inc., In re

Ruling: 
Court could not approve broad third-party release as it could not bind the non-voting releasors in its present form. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on November 08,2017, LexisNexis #1217-047

Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Secs. LLC

Ruling: 
Trustee's motion to compel discovery was granted in part as the documents at issue were relevant to luquidating trustee's adversary proceeding to avoid and recover fictitious profits. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 17,2017, LexisNexis #1117-117

Motors Liquidation Co., In re

Ruling: 
Motion was denied as movant's civil claims were merely contingent and did not pass the "faircontemplation test" determining whether his claims were one to which the company was answerable to under the law. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 18,2017, LexisNexis #1117-091

Deutsch, In re--Lupe Dev. Partners, LLC v. Deutsch

Ruling: 
Debts to the plaintiffs were excepted from discharge as the debtor committed fraud by forginghis wife's signature on a guaranty so the bank would loan him money. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on October 18,2017, LexisNexis #1117-101

Deutsch, In re--Parklex Assocs. v. Deutsch

Ruling: 
Debt to the plaintiff was excepted from discharge as debtor misrepresented and defraudedplaintiff for failure to disclose that there was a change in the beneficial interests of plaintiff.(Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on October 18,2017, LexisNexis #1117-102

Republic Airways Holdings, Inc., In re

Ruling: 
Debtors' rejection of an unexpired lease was proper as the creditor failed to file a claim ontime even if it received proper notice of the deadline. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 28,2017, LexisNexis #1017-029

Breitburn Energy Partners LP, In re

Ruling: 
Claimant failed to prove her claims and discharge the burden of proof placed upon her,causing them to be disallowed by the court. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 18,2017, LexisNexis #0917-068

Cell C Proprietary Ltd., In re

Ruling: 
Foreign debtor's South African § 155 proceeding was recognized as a foreign main proceeding where evidence in the record was sufficient to show existence of foreign proceeding and appointment of foreign representatives. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on July 27,2017, LexisNexis #0917-031

O'Farrill, In re

Ruling: 
Court found that there was no automatic stay in place as chapter 13 debtor had two cases pending within the preceding year, both of which were dismissed. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on July 25,2017, LexisNexis #0917-041

Poymanov, In re

Ruling: 
Russian insolvency proceeding was entitled to recognition as a "foreign main proceeding."(Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on July 31,2017, LexisNexis #0917-023

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