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southern district of new york

Celsius Network LLC, In re

Ruling
Settlement valuing a cryptocurrency token satisfied the best interests test for confirmation of aplan of reorganization as the token had only speculative value on the petition date, which wasnot ascertainable from the market price. (Bankr. S.D.N.Y.)
Issue(s)
Confirmation of Plan; Requirements; Impaired Classes; Acceptance or Receipt of

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Commercial opinion summary, case decided on November 09, 2023 , LexisNexis #0124-043

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

Ruling
Motion to dismiss avoidance proceeding based on grounds of good faith required a factintensive inquiry not appropriate to resolve at early stage of litigation. (Bankr. S.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer.

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Commercial opinion summary, case decided on November 03, 2023 , LexisNexis #0124-013

Genesis Global Holdco, LLC, In re

Ruling
Court approved settlement agreement as it was fair, equitable, and in the best interests of theestate. (Bankr. S.D.N.Y.)
Issue(s)
Compromise and Arbitration.

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Commercial opinion summary, case decided on October 06, 2023 , LexisNexis #1223-049

Securities Investor Prot. Corp. v. Bernard L. Madoff Inv. Secs. LLCl

Ruling
Court denied defendant's motion to amend affirmative defenses to include a defense of setoff.(Bankr. S.D.N.Y.)
Issue(s)
Setoff.

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Commercial opinion summary, case decided on October 04, 2023 , LexisNexis #1223-040

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

Ruling
Liquidation trustee was entitled to seek recovery of subsequent transfers from a partner of theinitial transferee where the recovery from the initial transferee had not been fully satisfied.(Bankr. S.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer.

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Commercial opinion summary, case decided on October 03, 2023 , LexisNexis #1223-039

Roman Catholic Diocese of Rockville Ctr., In re

Ruling
Committee of unsecured creditors lacked derivative standing to prosecute a proceeding onbehalf of the bankrutpcy estate to assert violations against several insurers. (Bankr. S.D.N.Y.)
Issue(s)
Right to Be Heard; Parties in Interest.

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Commercial opinion summary, case decided on October 02, 2023 , LexisNexis #1223-041

Ditech Holding Corp., In re

Ruling
There was no basis for the court to order the U.S. Trustee and/or the Attorney General tointervene on claimant's behalf in proceeding to compel debtor to amend schedules. (Bankr.S.D.N.Y.)
Issue(s)
Intervention.

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Commercial opinion summary, case decided on September 29, 2023 , LexisNexis #1223-048

Grupo Aeromexico, In re--Invictus Glob. Mgmt., LLC v. Monomoy Cap. Partners LLC

Ruling
Exculpatory clause in Chapter 11 plan did not bar state law action. (Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Commercial opinion summary, case decided on September 22, 2023 , LexisNexis #1123-099

Ginn, In re

Ruling
Debtor's filings were not made in good faith as each time he amended his plan he affirmedthat he would make ongoing payments and almost always failed to do so. (Bankr. S.D.N.Y.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on September 18, 2023 , LexisNexis #1123-047

Parkchester Oral & Maxillofacial Surgery Assocs. PC, In re

Ruling
Appointment of a patient care ombudsman was not required as debtor health care businessdid not have any history of problems with patient care. (Bankr. S.D.N.Y.)
Issue(s)
Appointment of Patient Care Ombudsman; Court Order Where Debtor is in Health

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Commercial opinion summary, case decided on September 06, 2023 , LexisNexis #1123-003