Southern District

Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC, In re

Ruling: 
Trustee allowed to recover value of transfers to defendants as they were the initial transferees of the amount in question and not mere conduits. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on December 06,2017, LexisNexis #0118-049

Placeres, In re--Borges v. Placeres

Ruling: 
Debtor's discharge denied after omitting his own legal malpractice claim against the attorney who represented him from his schedules. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on December 06,2017, LexisNexis #0118-053

Taberna Preferred Funding IV, Ltd., In re

Ruling: 
Petitioning creditors failed to demonstrate that secured creditors may waive a security interestheld by a third party in order to create an unsecured claim and thereby become eligible to filean involuntary petition. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on November 27,2017, LexisNexis #0118-002

Mejia, In re

Ruling: 
Chapter 7 debtor had no standing to sell property of the estate. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on November 20,2017, LexisNexis #1217-097

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.)
ABI Membership is required to access the full summary of Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Secs. LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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

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