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Summary: 323 B.R. 130 (2005) In re Howard L. MARGULIS, Debtor. The debtor objected to the claim relying on a pre-petition agreement that gave the debtor the option — which he did not exercise — to pay a lesser amount in full satisfaction. There, the debtor was a lessee under oil and gas drilling leases which automatically terminated if the debtor failed to pay the advanced rent when due. The Court rejected the argument, concluding that the bankruptcy stay did not prevent the automatic expiration of the l......read more.


Summary: 30 B.R. 642 (1983) In re O.P.M. LEASING SERVICES, INC., Debtor. James P. HASSETT, as Trustee of O.P.M. Leasing Services, Inc., Plaintiff, v. SPRAGUE ELECTRIC CO., Defendant. *643 Zalkin, Rodin & Goodman, as Trustee of O.P.M. Leasing Services, Inc., New York City, for James P. Hassett. The instant litigation pits the reorganization Bankruptcy Trustee ("the Trustee") of O.P.M. Leasing Services, Inc. ("OPM") against one of OPM's customers. For further background information detailing the complexity......read more.


Summary: 433 B.R. 127 (2010) SECURITIES INVESTOR PROTECTION CORPORATION, Plaintiff. Securities Investor Protection Corporation, Kenneth J. Caputo, Esq., Washington, DC, for SIPC. Introduction James W. Giddens, as Trustee (the "Trustee") for the liquidation of Lehman *129 Brothers Inc. ("LBI") under the Securities Investor Protection Act ("SIPA"), 15 U.S.C. § 78aaa et seq., has brought a Motion for an order upholding his determination regarding the claim of Fifth Third Structured Large Cap Plus Fund ("Fif......read more.


Summary: 100 B.R. 686 (1989) In re RIVERSIDE NURSING HOME (a Partnership), Debtor. The Trustee in bankruptcy of R.H.N. Realty Corp. ("RHN") has filed a motion for reargument seeking the allowance of an administrative claim for use and occupancy against the debtor in possession in this Chapter 11 case, Riverside Nursing Home (the "debtor"). Notice of RHN's default was given by the bank to the Riverside Nursing Home partnership, with the result that the debtor made rental payments directly to the bank purs......read more.


Summary: 386 B.R. 518 (2008) In re DELTA AIR LINES, INC., et al., Reorganized Debtors. [1] The Amended Complaint asserts a single claim under 11 U.S.C. § 1144 to revoke the debtors' Joint Plan of Reorganization (the "Plan") that was confirmed on April 25, 2007 "based upon the Comair Debtors' fraud in the procurement of the confirmation order". The gravamen of the Amended Complaint is that the debtors' Disclosure Statement dated February 2, 2007 was false and fraudulent because the debtors failed to updat......read more.


Summary: 202 B.R. 686 (1996) In re Paolo GUCCI, et al., Debtors. I. Introduction Paolo Gucci Design Studio ("PGDS") moves[1] to declare that certain designs, created *687 by Paolo Gucci ("Paolo"), after the filing of his bankruptcy petition, are not property of the bankruptcy estate. GG and the Trustee claim that the purchased assets include: (a) all trademarks, service marks, trade names, business names and commercial names that contain the words "Paolo," "Gucci" or "Paolo Gucci"; (b) all rights to use ......read more.


Summary: 191 B.R. 34 (1995) In re Michael WASKEW, d/b/a Parker Development and Consultants, Debtor. Sadie SEMILOF, Plaintiff, v. Michael WASKEW, Defendant. I. INTRODUCTION Sadie Semilof ("Semilof") commenced this adversary proceeding against Debtor Michael *36 Waskew ("Waskew"), d/b/a Parker Development and Consultants ("PDC"), a sole proprietorship, on July 19, 1993, seeking to declare as nondischargeable an indebtedness arising out of his sale and construction of a house for her. Semilof paid Waskew $2......read more.


Summary: 362 B.R. 96 (2007) In re WORLDCOM, INC., et al., Reorganized Debtors. *97 *98 *99 Stinson Morrison Hecker LLP (Mark A. Shaiken, Esq., Of Counsel), Kansas City, MO, Special Counsel to the Reorganized Debtors. OPINION GRANTING REORGANIZED DEBTORS' PARTIAL SUMMARY JUDGMENT MOTION TO RECLASSIFY PROOF OF CLAIM NUMBER 3059 AS UNSECURED AND DENYING WALDINGER CORPORATION'S CROSS-MOTION FOR SUMMARY JUDGMENT ARTHUR J. GONZALEZ, Bankruptcy Judge. I. INTRODUCTION Before the Court is the Motion of WorldCom, ......read more.


Summary: 418 B.R. 61 (2009) In re John S. McCLELLAND, Debtor. John S. McClelland, Plaintiff, v. Grubb & Ellis Consulting Services Company, Grubb & Ellis Valuation and Advisory Group and Grubb & Ellis New York, Inc., Defendants. The present adversary proceeding was brought by Plaintiff, in his capacity as an individual debtor in a case under chapter 11 of the Bankruptcy Code, 11 U.S.C. § 101 et seq. (hereafter, the "Bankruptcy Code" or the "Code"), to recover from Defendants millions of dollars in damages......read more.


Summary: 73 B.R. 1013 (1987) In re McCORHILL PUBLISHING, INC., Debtor. Kraus-Thomson Organization, Limited ("KTO"), the holder of a second mortgage against property owned by McCorhill Publishing, Inc., the debtor in this Chapter 11 case, has moved pursuant to 11 U.S.C. §§ 361, 363, 1104 and 1112(b) for an order, (a) directing the appointment of a trustee or, in the alternative, an examiner; (b) providing adequate protection of KTO's security interest, including the turnover to KTO of the collateral which......read more.


Summary: 469 B.R. 198 (2012) In re Joyce SMITH, Debtor. Several months after entry of this order, the Creditor advised the Court that it does not have to participate in loss mitigation with the Debtor, because the Debtor's deceased mother transferred the subject property to the Debtor before she died without permission from the creditor and therefore there is a lack of privity between the Debtor and the Creditor. The Court rules that the transfer was valid, the mortgage is a claim in the Debtor's chapter......read more.


Summary: 333 B.R. 205 (2005) In re ENRON CORP., et al., Reorganized Debtors. Enron Corp., Plaintiff, v. Avenue Special Situations Fund II, LP, DK Acquisition Partners, LP, RCG Carpathia Master Fund, Ltd., Rushmore Capital-I, L.L.C., and Rushmore Capital-II, L.L.C., Defendants. *209 Susman Godfrey L.L.P., H. Lee Godfrey, Kenneth S. Marks, Mary Kathryn Sammons, James T. Southwich, of Counsel, Houston, TX, Special Litigation Counsel to the Reorganized Debtors. Togut, Segal & Segal LLP, Albert Togut, Scott E......read more.


Summary: 70 B.R. 962 (1987) In re FOOD WORKSHOP, INC., Debtor. Notwithstanding his former client's change of heart, the attorney seeks on his own behalf an award of fees from the debtor's estate pursuant to 11 U.S.C. § 503(b) and an award of sanctions against the debtor's counsel and the other shareholder and his counsel pursuant to Fed.R.Bankr.P. Food Workshop, Inc. ("Food Workshop"), represented by William Livingston III, Esq. ("Livingston") was involved in eviction proceedings with its landlord in sta......read more.


Summary: 326 B.R. 229 (2005) In re STRADA DESIGN ASSOCIATES, INC., et al., Debtors. Winick & Rich, P.C. a/k/a Winick & Rich, Jeffrey N. Rich, Alan C. Winick, Susan G. Rosenthal, Scott H. Wyner, Abraham Y. Skoff, David M. Olasov, Paul B. Hahn, Michael G. Keating, Michael A. Karpen, Robert J. Sullivan, and Michael Pollack, Plaintiffs, v. Strada Design Associates, Inc., Strada Design of PA, Inc., and Richard E. O'Connell as Trustee of the estates of Strada Design Associates, Inc. and Strada Design of PA, In......read more.


Summary: 405 B.R. 84 (2009) In re CHRYSLER LLC, et al., Debtors. OPINION GRANTING DEBTORS' MOTION SEEKING AUTHORITY TO SELL, PURSUANT TO 11 U.S.C. § 363, SUBSTANTIALLY ALL OF THE DEBTORS' ASSETS Arthur J. GONZALEZ, Bankruptcy Judge. FACTS[1] On April 30, 2009 (the "Petition Date"), Chrysler LLC ("Chrysler") and 24 of its domestic direct and indirect subsidiaries *88 (collectively with Chrysler, the "Original Debtors") filed for protection under title 11 of the United States Code (the "Bankruptcy Code"). ......read more.


Summary: 225 B.R. 41 (1998) In re MANSHUL CONSTRUCTION CORP., et al., Debtors. Yann GERON, Trustee of the Estates of Manshul Construction Corp. and Manshul Construction Company (Bronx), Inc., Debtors, Plaintiff, v. Allan G. SCHULMAN individually, as Trustee of The Ethan Michael Schulman Trust and The Brett Adam Schulman Trust, as Custodian of Custodial Accounts Maintained for the Benefit of Ethan Michael Schulman and Brett *42 Adam Schulman, Minors, and as the personal representative of The Estate of Jul......read more.


Summary: 362 B.R. 88 (2007) In re William H. and Ruth E. NICHOLS, Debtors. and Ruth E. Nichols. In the matter In re Elmendorf, 345 B.R. *90 486 (Bankr.S.D.N.Y.2006)[1] this Court determined, under 11 United States Code ("U.S.C.") Sections 109, 301 and 362, it had the authority to strike rather than dismiss petitions of would-be debtors who had not undergone the requisite credit counseling prior to filing their bankruptcy petitions as required by 11 U.S.C. Section 109(h)(1).[2] Currently, the United State......read more.


Summary: 13 B.R. 417 (1981) In re JEWISH MEMORIAL HOSPITAL, Debtor. On October 18, 1977, Jewish Memorial Hospital ("J.M.H.") filed a petition for an arrangement under Chapter XI of the Bankruptcy Act[1] and was thereafter authorized to continue in the management and control of its operation and property as a debtor in possession. (May 22, 1981 transcript at 46, August 14, 1981 transcript at ____) They explain that the remaining area hospital (Columbia Presbyterian Hospital) is not able to fill the void a......read more.


Summary: 370 B.R. 563 (2007) In re Erik Stephen BROUS a/k/a Erik Brous, Debtor. June 12, 2007. They include (1) David L. Kittay, the chapter 7 Trustee, (2) Kittay & Gershfeld, P.C. (the "Kittay Firm"), the Trustee's general counsel, and (3) Gusrae, Kaplan, Bruno & Nusbaum PLLC ("Special Arbitration Counsel"), the Trustee's special litigation counsel. (See Bear Stearns' Objection to the Final Fee Applications of (i) David R. Kittay, Chapter 7 Trustee; (ii) Kittay & Gershfeld, P.C.; and (iii) Gusrae, Kapla......read more.


Summary: 72 B.R. 464 (1987) In re WEDTECH CORPORATION, f/k/a Welbilt Electronics Die Corp., Debtor. The debtor-in-possession in this proceeding, Wedtech Corp. ("Wedtech" or the *466 "Debtor"), seeks an extension of the 60-day time period, provided for in § 365(d)(4) of the Bankruptcy Code, 11 U.S.C. § 365(d)(4) (1987) (the "Code"), in which it must assume or reject two leases of non-residential real property located respectively in the Bronx, New York and Mount Vernon, New York. I. Pursuant to an order t......read more.