Broadway Realty I Co., LLC, In re
Jun
29
2025
Ruling
Combination of equity cushions and purported benefits to creditor did not provide adequate protection to justify proposed use of cash collateral. (Bankr. S.D.N.Y.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.
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Court
:
Wood, In re
May
13
2025
Ruling
State contempt order obtained by creditor was a willful violation of the automatic stay since it sought collection on pre-petition debt without excluding estate property despite notice of bankruptcy. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay; Scope.
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Court
:
- 11 U.S.C.
Texaco, Inc., In re
Feb
21
2025
Ruling
Claims under state coastal resources management law fell clearly within provision of plan which protected claims of governmental units arising under environmental laws from discharge. (Bankr. S.D.N.Y.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
:
- 11 U.S.C.
Togut v. Perevoski (In re Kossoff PLLC)
Feb
14
2025
Ruling
Court had jurisdiction to determine tax liability as there was no prior adjudication of the tax liabilities by a judicial or administrative tribunal. (Bankr. S.D.N.Y.)
Issue(s)
Determination of Tax Liability; The Role Of The Court; Exceptions to Bankruptcy Court Determination; Amount Adjudicated Prepetition.
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Court
:
Allen, In re--Ketelhut v. Allen
Jan
27
2025
Ruling
Creditor failed to allege sufficient grounds for nondischargeability of debts. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
Johns, In re
Nov
22
2024
Ruling
Court reviewed the trustee's decision to enter into agreement under the "sound business judgment" standard applicable to a trustee's use, sale, or lease of estate property outside the ordinary course of business. (Bankr. N.D. Tex.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing.
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Court
:
- 28 U.S.C.
Ebury St. Cap., LLC, In re--Emigrant Bus. Credit Corp. v. Hanratty
Nov
01
2024
Ruling
Mandatory abstention was required as the removed state court action was a non-core proceeding, not arising under Title 11 or arising in a bankruptcy case, as the claims were based on state law and existed independently before the bankruptcy filing. (Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
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Court
:
- 11 U.S.C.
Johns, In re--Rutan v. Johns
Sep
25
2024
Ruling
Debtor's failure to accurately state income and lack of financial records was not grounds to deny discharge given that debtor had few financial records and provided tax returns. (Bankr. N.D. Tex.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property; Property of the Debtor.
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Court
:
- 28 U.S.C.
RML, LLC, In re
Sep
23
2024
Ruling
Certification of a direct appeal to the circuit court was granted as the court's prior judgment enforcing the reorganized debtor's plan injunction against the claimants involved an unsettled question of law regarding the bankruptcy system. (Bankr. S.D.N.Y.)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals; Certification.
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Court
:
Kossoff PLLC, In re--Togut v. Besen
Aug
28
2024
Ruling
Non-party's motion for permissive intervention was denied as the motion was untimely. (Bankr. S.D.N.Y.)
Issue(s)
Intervention.
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Court
: