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southern district of new york

Revlon Inc., In re--IMCO CLO 10 Ltd. v. Revlon, Inc.

Ruling
Debtors' motion to dismiss all claims against them was granted as the creditors lacked standing to assert their claims for equitable relief. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on February 14, 2023 , LexisNexis #0423-029

Times Square JV LLC, In re

Ruling
Preliminary injunction did not render the license agreement non-executory as it did not alter the parties' contractual rights and the outstanding obligations on both sides. (Bankr. S.D.N.Y.)
Issue(s)
Executory Contracts and Unexpired Leases.

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Commercial opinion summary, case decided on February 04, 2023 , LexisNexis #0423-009

Tihi Rest. Corp., In re

Ruling
Automatic stay lifted for landlord as the debtor had failed to pay post-petition rent for the property in an amount that exceeded the debtor's security deposit. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay.

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Commercial opinion summary, case decided on February 03, 2023 , LexisNexis #0423-007

Cortlandt Liquidating LLC, In re

Ruling
Lease rejection damages were properly calculated and statutory cap applied only to damages that were attributable to the fact that the term of the lease had come to an end. (Bankr. S.D.N.Y.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.

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Commercial opinion summary, case decided on February 02, 2023 , LexisNexis #0423-010

Avianca Holdings S.A., In re

Ruling
Foreign creditors sanctioned for violating the discharge injunction by failing to discontinuetheir foreign actions. (Bankr. S.D.N.Y.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Commercial opinion summary, case decided on January 27, 2023 , LexisNexis #0323-076

Avianca Holdings S.A., In re

Ruling
Creditor lease brokers were entitled to have the court compel the debtor to make timelypayment of certain post-petition amounts due. (Bankr. S.D.N.Y.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee

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Commercial opinion summary, case decided on January 26, 2023 , LexisNexis #0323-081

Hal Luftig Co., In re--Hal Luftig Co. v. FCP Ent. Partners, LLC

Ruling
Automatic stay extended to debtor company’s nondebtor CEO as debtor’s obligation toindemnify the CEO for a judgment would result in adverse economic consequences to theestate. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on January 05, 2023 , LexisNexis #0323-002

Celsius Network LLC, In re

Ruling
Stablecoin cryptocurrency was property of the estate and could be sold by debtors outside ofthe ordinary course of business to provide liquidity. (Bankr. S.D.N.Y.)
Issue(s)
Use, Sale, or Lease of Property.

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Commercial opinion summary, case decided on January 04, 2023 , LexisNexis #0323-006

Roman Catholic Diocese of Rockville Ctr., In re

Ruling
Court authorized debtor to opt-in to treatment as a Participating Chartered Organization underthe Chapter 11 plan as a reasonable and appropriate use of property outside of the ordinarycourse of business. (Bankr. S.D.N.Y.)
Issue(s)
Compromise and Arbitration.

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Commercial opinion summary, case decided on December 09, 2022 , LexisNexis #0223-025

Certain Claims & Noticing Agents' Receipt of Fees, In re

Ruling
Email addresses of federal judges, senior government officials, and court personnel wereentitled to protection as the corporation's position showed a complete lack of discretion anddisregard for the safety of judges. (Bankr. S.D.N.Y.)
Issue(s)
Right to Be Heard; Parties in Interest.

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Commercial opinion summary, case decided on December 08, 2022 , LexisNexis #0223-017