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ABI Journal

New York

Trustee Admonished for Filing Suit Reflecting a ‘Disturbing Lack of Judgment’

Providing an adult child with room and board in the family home is not a fraudulent transfer.

2nd Circuit
New York
New York Eastern District

Lack of a Common Plan or Scheme Means It Isn’t Single Asset Real Estate

A two-story commercial condominium wasn’t ‘single asset real estate,’ Judge Mastando holds.

2nd Circuit
New York
New York Southern District

New York Court Holds: Claims for Electricity Don’t Get Priority Under Section 503(b)(9)

Courts are divided on whether electricity supplied within 20 days of bankruptcy gives rise to an administrative priority claim.

2nd Circuit
New York
New York Southern District

Section 546(g)'s Safe Harbor Doesn’t Apply in an Assignment for the Benefit of Creditors

A federal district judge in New York holds that the safe harbor in Section 546(g) doesn’t preempt state fraudulent transfer laws.

2nd Circuit
New York
New York Southern District

Lack of Reliance on Representation Isn’t a Defense to a Constructive Fraudulent Transfer

Damages for a constructively fraudulent transfer were the difference between what the buyer paid and what the business was really worth, based on accurate income and expenses.

2nd Circuit
New York
New York Eastern District

Rebuffed in Bankruptcy Court, the Government Wins a Stay of Voyager’s Confirmation

The U.S. Attorney argued in district court that the Voyager plan would bar the government from enforcing federal regulations and criminal laws.

2nd Circuit
New York
New York Southern District

Proceeds from Post-Petition Sales Aren’t to Be Turned Over to the Chapter 13 Trustee

Before confirmation, district judge says that a chapter 13 debtor is only required to turn over disposable income to a trustee, not proceeds from a post-petition sale of property.

2nd Circuit
New York
New York Southern District

Revlon Says: Creditors Lack Standing to Assert Claims of ‘General Interest to the Estate’

A creditor with ‘derivative’ claims based on preference or fraudulent transfer can’t convert them to ‘direct’ claims by asking for equitable relief.

2nd Circuit
New York
New York Southern District

Converting a Foreign ‘Rescue’ to Liquidation Doesn’t Require a New Chapter 15 Petition

If there’s an appeal, Bankruptcy Judge Garrity told the district judge all there is to know about chapter 15.

2nd Circuit
New York
New York Southern District

Preliminary Injunction Didn’t Render a Contract Nonexecutory

A preliminary injunction in state court didn’t invoke comity or Rooker-Feldman to bar the bankruptcy court from rejecting an executory contract.

2nd Circuit
New York
New York Southern District
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