Lehman Bros. Holdings, Inc., In re--Lehman Bros. Holdings, Inc. v. 1st Advantage Mortg., LLC
Aug
16
2022
Ruling
Dismissal of residential mortgage-backed securities complaints denied as the planadministrator sufficiently and plausibly alleged that plaintiff obtained pre-petition rightsagainst one of the loan originator sellers. (Bankr. S.D.N.Y.)
Issue(s)
Defenses and Objections -- When and How Presented – By Pleading or Motion --
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Court
:
- 11 U.S.C.
Lehman Bros., In re--Lehman Bros. v. Giddens
Jun
15
2020
Ruling
Contributions to “top hat” deferred compensation plan were not excluded from debtor’s bankruptcy estate. (Bankr. S.D.N.Y.)
Issue(s)
Property of the Estate; Exclusions; ERISA, Deferred Compensation and Annuity Plans.
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Court
:
( Judge Chapman ) [ Bankruptcy Court ]
- 11 U.S.C.
Aurora Commer. Corp., In re
Jan
02
2020
Ruling
Claimant were barred by res judicata as a state court final judgment involved the right to befree from unlawful foreclosure. (Bankr. S.D.N.Y.)
Issue(s)
Allowance of Claims or Interests.
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Court
:
- 11 U.S.C.
Stearns Holdings, LLC, In re
Nov
13
2019
Ruling
Court revoked its confirmation order in debtor's Chapter 11 reorganization as it was procuredby fraud. (Bankr. S.D.N.Y.)
Issue(s)
Confirmation of Plan.
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Court
:
- 11 U.S.C.
Lehman Bros. Holdings, In re
May
30
2019
Ruling
Contested claims were disallowed as they were based solely on an unenforceable guarantee.(Bankr. S.D.N.Y.)
Issue(s)
Allowance of Claims or Interests.
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Court
:
- 11 U.S.C.
Pirogova, In re
Dec
12
2018
Ruling
Petition for recognition of Russian insolvency proceeding as a foreign main proceeding wasdenied as there was no evidence showing that resident alien debtor had a place of operationsin Russia on the petition date. (Bankr. S.D.N.Y.)
Issue(s)
Order Granting Recognition.
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Court
:
Lehman Bros. Holdings, Inc., In re
Oct
11
2018
Ruling
Motion to issue substituted preferred stock under a pre-effective date charter was denied as the plan administrator did not have the power to do so. (Bankr. S.D.N.Y.)
Issue(s)
Implementation of Plan; Execution or Delivery of Instruments to Effect Property Transfer, and Performance of Other Necessary Acts.
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Court
:
- 28 U.S.C.
Lehman Bros. Holdings, Inc., In re--Lehman Bros. Holdings, Inc. v. 1st Advantage Mortg., LLC
Oct
02
2018
Ruling
Defendants' motions to transfer venue denied where interest of justice weighed heavily in favor of retaining venue of all of the adversary proceedings. (Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
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Court
:
Lehman Bros. Holdings Inc., In re--Lehman Bros. Holdings Inc. v. 1st Advantage Mortg., LLC
Aug
13
2018
Ruling
Defendants' motion to dismiss was denied where exception was not applicable as the indemnification claims did not arise from any post-petition business of the liquidated debtors. (Bankr. S.D.N.Y.)
Issue(s)
Venue of Proceedings Arising Under Title 11 or Arising in or Related to Cases Under Title 11; Action by Trustee Based on Post-petition Claims Arising From Operation of Debtor’s Business.
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Court
:
Nine W. Holdings, Inc., In re
Jul
02
2018
Ruling
Debtors were authorized to retain management consultants as retention was in the best interests of the debtors, their estates, and their creditors. (Bankr. S.D.N.Y.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.
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Court
: