Skip to main content

Page Banner(Taxonomy)

southern district of new york

Focht, In re

Ruling
Landlord's motion seeking confirmation that the automatic stay was inapplicable was granteddue to false certification by debtor. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay.

ABI Membership is required to access the full summary of Focht, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 19, 2024 , LexisNexis #0524-030

Hudson 888 Owner LLC, In re

Ruling
Bankruptcy filings were properly authorized and there was no basis for dismissal on thegrounds of bad faith. (Bankr. S.D.N.Y.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; When Required.

ABI Membership is required to access the full summary of Hudson 888 Owner LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 15, 2024 , LexisNexis #0524-095

Hudson 888 Owner LLC, In re

Ruling
Court found no basis for dismissal on the grounds of bad faith as the debtor generatedsignificant cash flow in 2022 and 2023 and sought to generate additional cash flow fromcondominium sales. (Bankr. S.D.N.Y.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

ABI Membership is required to access the full summary of Hudson 888 Owner LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 15, 2024 , LexisNexis #0524-043

Genesis Global Holdco, LLC v. Genesis Global Capital, LLC

Ruling
Creditor did not have a security interest in bitcoin trust shares held by debtor that wereproperty of the estate and never transferred or pledged to creditor. (Bankr. S.D.N.Y.)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.

ABI Membership is required to access the full summary of Genesis Global Holdco, LLC v. Genesis Global Capital, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 07, 2024 , LexisNexis #0324-087

WB Bridge Hotel LLC, In re--Wasserstein v. 11 Apple LLC

Ruling
Debtors' counsel was granted withdrawal and disqualification as a result of being sued by theliquidating trustee who was the former client of debtor's law firm. (Bankr. S.D.N.Y.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.

ABI Membership is required to access the full summary of WB Bridge Hotel LLC, In re--Wasserstein v. 11 Apple LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 05, 2024 , LexisNexis #0324-078

Sunac China Holdings Ltd., In re

Ruling
Debtor's motion for recognition of Hong Kong proceeding as a foreign main proceeding wasgranted as Hong Kong was and had always been the primary locus of debtor's businessactivities and decision-making. (Bankr. S.D.N.Y.)
Issue(s)
Order Granting Recognition; Requirements; Foreign Main or Nonmain Proceeding.

ABI Membership is required to access the full summary of Sunac China Holdings Ltd., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 30, 2024 , LexisNexis #0324-071

Pac. Tea Co. v. McKesson Corp.

Ruling
Defendant in preference proceeding would hold an allowed unsecured claim in the amount ofany preference judgment rendered against it and paid, not an administrative expense claim.(Bankr. S.D.N.Y.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Value of Goods

ABI Membership is required to access the full summary of Pac. Tea Co. v. McKesson Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 18, 2024 , LexisNexis #0324-060

Celsius Network LLC, In re

Ruling
Discrete changes to debtor’s plan that resulted in better distributions to creditors approved.(Bankr. S.D.N.Y.)
Issue(s)
Modification of Plan.

ABI Membership is required to access the full summary of Celsius Network LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 27, 2023 , LexisNexis #0224-070

RML, LLC, In re

Ruling
Personal injury claimants were not entitled to file late claims absent showing excusableneglect. (Bankr. S.D.N.Y.)
Issue(s)
Computing and Extending Time; Time for Motion Papers; Enlargement; In

ABI Membership is required to access the full summary of RML, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 20, 2023 , LexisNexis #0224-075

6525 Belcrest Rd., LLC, In re

Ruling
Creditor was entitled to file a proof of claim for damages caused by the rejection of a groundlease as an assignor arguably remained liable on a contract following an assignment.(Bankr. S.D.N.Y.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.

ABI Membership is required to access the full summary of 6525 Belcrest Rd., LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 07, 2023 , LexisNexis #0124-079