In re Wuthrich

Jan

2006

Ruling

A foreign trustee was denied an injunction to enjoin a patent office proceeding since that proceeding was to address the threshold question of the ownership of a trademark, which needed to be decided before considering the appropriateness of injunctive relief.

Procedural posture

This was a foreign proceeding. Debtors operated SwissAir, a world-wide commercial airline. Its operations included flights between Switzerland and the United States. Its trademark "SWISSAIR" was registered with the U.S. Patent & Trademark Office ("USPTO"). An entity purchased debtors' flight operations and commenced a case before the USPTO to cancel debtors'registration of the trademark. The trustee moved to enjoin the proceeding in the USPTO.

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Court :

Southern District of New York ( Judge Bernstein ) [ Bankruptcy Court ]

opinion summary, case decided on January 24, 2006 , LexisNexis #0206-064

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11 U.S.C.
- § 303
- § 303(b)

In re Euro-American Lodging Corp.

Jan

2006

Ruling

Creditor sustained burden of proof on involuntary petition where debtor had no more than eight bona fide creditors as of petition date.

Procedural posture

A creditor (mortgagee) filed an involuntary chapter 7 case, 11 U.S.C. § 303(b), against an alleged debtor, its mortgagor. The matter was before the court for a ruling following a three-day bench trial. The alleged debtor opposed the petition.

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Court :

Southern District of New York ( Judge Bernstein ) [ Bankruptcy Court ]

opinion summary, case decided on January 09, 2006 , LexisNexis #0207-073

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11 U.S.C.
- § 547

Savage & Assocs. P.C. v. A.I. Credit Corp. (In re Teligent Inc.)

Sep

2005

Ruling

Debtors'payments to a company for financing the debtors'business insurance premiums were not preferential transfers since the company was oversecured and had properly perfected its security interest.

Procedural posture

Plaintiff representative of unsecured creditors of reorganized bankruptcy debtors brought an adversary proceeding against defendant, a company which financed insurance premiums, alleging that the debtors' payments to the company for financing its business insurance premiums constituted preferential transfers under 11 U.S.C. § 547. The company moved for summary judgment.

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Court :

Southern District of New York ( Judge Bernstein ) [ Bankruptcy Court ]

opinion summary, case decided on September 02, 2005 , LexisNexis #0206-115

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11 U.S.C.
- § 546
- § 546(e)

Picard v. Avellino (In re Bernard L. Madoff Inv. Sec. LLC)

Jan

2001

Ruling

Claims against Madoff accountant with actual knowledge the firm was not trading securitieswere not barred by safe harbor and could proceed. (Bankr. S.D.N.Y.)

Issue(s)

Should the Madoff trustee’s amended proceeding to avoid and recover preferential and fraudulent transfers be dismissed?

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Court :

Southern District of New York ( Judge Bernstein ) [ Bankruptcy Court ]

Commercial opinion summary, case decided on January 01, 2001 , LexisNexis #0816-078

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