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judge bernstein

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.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unenforceable Claim.

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Commercial opinion summary, case decided on August 18, 2017 , LexisNexis #0917-068

Sec. Inv'r Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC

Ruling
Court withdrew its opinion denying certification because it was issued in error as it lost jurisdiction to decide the certification motion. (Bankr. S.D.N.Y.)
Issue(s)
Certifying a Direct Appeal to the Court of Appeals; Filing the Certification.

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Commercial opinion summary, case decided on July 19, 2017 , LexisNexis #0817-120

Gawker Media LLC, In re

Ruling
Pre-litigation discovery could not be granted after plan administrator failed to show that itwould suffer hardship or injustice. (Bankr. S.D.N.Y.)
Issue(s)
Definitions; “Debtor.”

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Commercial opinion summary, case decided on June 28, 2017 , LexisNexis #0817-026

SunEdison, Inc., In re

Ruling
Motion for examination regarding a sale agreement denied for debtors' failure to demonstratethat the discovery they sought was needed to accomplish the purposes they had identified.(Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In or Related to Cases Under Title 11.

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Commercial opinion summary, case decided on June 16, 2017 , LexisNexis #0717-085

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

Ruling
Court denied trustee's request that the court certify direct appeal of the judgment to theSecond Circuit. (Bankr. S.D.N.Y.)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals; Certification; Factors.

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Commercial opinion summary, case decided on May 04, 2017 , LexisNexis #0717-026

Old Carco LLC, In re--Grimstad v. FCA US LLC

Ruling
Pre-sale defect complaint against debtor was not barred by Sale Order. (Bankr. S.D.N.Y.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.

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Commercial opinion summary, case decided on April 28, 2017 , LexisNexis #0517-147

Breitburn Energy LP, In re

Ruling
Relief from automatic stay was granted with certain limitations to allow the parties to resolvethe issues relating to the payment of royalties. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Commercial opinion summary, case decided on April 14, 2017 , LexisNexis #0517-063

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

Ruling
Trustee’s determinations denying customer claims was granted as the claimants failed toqualify as customers as defined in the Securities Investor Protection Act. (Bankr. S.D.N.Y.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on April 07, 2017 , LexisNexis #0517-083

Queen Elizabeth Realty Corp., In re

Ruling
Creditor's motion to file late claim granted where creditor's predecessor did not receive actual or constructive notice of the bar date and resulting delay was not unreasonable. (Bankr. S.D.N.Y.)
Issue(s)
Computing and Extending Time; Time for Motion Papers; Enlargement; In General.

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Commercial opinion summary, case decided on March 24, 2017 , LexisNexis #0417-119

Spizz v. Goldfarb Seligman & Co. (In re Ampal-American Isr. Corp.)

Ruling
Presumption against extraterritoriality prevented trustee from avoiding and recoveringprepetition transfer made in Israel. (Bankr. S.D.N.Y.)
Issue(s)
Preferences.

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Commercial opinion summary, case decided on January 09, 2017 , LexisNexis #0217-041