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southern district of new york

Celsius Network LLC, In re

Ruling
Debtors appropriately deemed and treated plaintiff as a class claim settlement participant,expunging the claim and providing plaintiff with an initial distribution in accordance with thetreatment outlined under the plan. (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 May 08, 2024 , LexisNexis #0724-045

New Dragon Toy Wholesale, Inc., In re

Ruling
Debtor could not prevent landlord from executing an eviction warrant as the lease wasterminated before the debtor filed its bankruptcy petition. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on April 26, 2024 , LexisNexis #0724-004

Resnicow, In re

Ruling
Debtor was entitled to an order to enforce the automatic stay to prevent the creditor fromenforcing its state court judgment terminating his residential lease. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay; Exceptions; Enforcement of Judgment of Possession of Residential

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Consumer opinion summary, case decided on April 24, 2024 , LexisNexis #0624-082

GOL Linhas Aéreas Inteligentes S.A., In re

Ruling
Lockup provision constituted an improper solicitation as it did not contain any informationabout the plan terms and no evidence of meaningful choice. (Bankr. S.D.N.Y.)
Issue(s)
Post-petition Disclosure and Solicitation.

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Commercial opinion summary, case decided on April 22, 2024 , LexisNexis #0624-067

Kossoff PLLC, In re--Togut v. Roc Le Triomphe Assocs. LLC

Ruling
Court denied motion for judgment on the pleadings with respect to the holder in due coursedefense due to questions of fact. (Bankr. S.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer; Limitations on Trustee’s Right to Recover

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Consumer opinion summary, case decided on April 19, 2024 , LexisNexis #0624-095

Richardson Foods, Inc., In re

Ruling
Motion to dismiss denied as subrogation and pledge agreements indicated creditors werecreditors of the debtor's parent entity rather than the debtor. (Bankr. S.D.N.Y.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Commercial opinion summary, case decided on April 19, 2024 , LexisNexis #0624-064

Tatum, In re--Anderson v. Tatum

Ruling
Judgement debt was dischargeable as creditor failed to prove that it was a debt for money,property or services obtained by false pretenses, a false representation, or actual fraud. (Bankr.N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on April 08, 2024 , LexisNexis #0624-040

Buffalo Station, LLC, In re

Ruling
Confirmation of debtors' Chapter 11 plan was warranted as the compromise and settlementprovisions in the plan were fair, equitable and reasonable. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on April 08, 2024 , LexisNexis #0624-017

Sears Holding Corp., In re--AIG Europe S.A. v. Sears Holding Corp.

Ruling
Insurance underwriters were entitled to a preliminary injunction to enjoin shopping mallfrom commencing litigation that would trigger debtor’s duty to defend and dissipate estateassets. (Bankr. S.D.N.Y.)
Issue(s)
Injunctions.

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Commercial opinion summary, case decided on April 03, 2024 , LexisNexis #0624-075

All Year Holdings Ltd., In re--AYH Wind Down LLC v. Engelman

Ruling
Permissive abstention was not warranted as the bankruptcy court had related-to jurisdiction.(Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Commercial opinion summary, case decided on April 03, 2024 , LexisNexis #0624-071