MEMORANDUM DECISION AND ORDER DENYING BLI'S MOTION TO DISMISS THE TRUSTEE'S COMPLAINT BURTON R. LIFLAND, Bankruptcy Judge. Before the Court is the motion (the "Motion to Dismiss") of the Taiwanese Bureau of Labor Insurance ("BLI") seeking to dismiss the complaint (the "Complaint") of Irving H. Picard, Esq. (the "Trustee"), trustee for the substantively consolidated Securities Investor Protection Act 1 ("SIPA") liquidation of Bernard L. Madoff Investment Securities LLC ("BLMIS") and Bernard...
MEMORANDUM DECISION ON APPLICATION TO EMPLOY SPECIAL COUNSEL CECELIA G. MORRIS, Chief Judge. Before the Court is the Debtors' application to employ special counsel and after a hearing held on September 13, 2012, and for reasons set forth on record of that hearing and in this Memorandum Decision, the Court grants the Debtors' request. Jurisdiction This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1334(a), 28 U.S.C. 157(a) and the Amended Standing Order of Reference signed...
NOT FOR PUBLICATION POST-TRIAL MEMORANDUM OF OPINION ALLAN L. GROPPER, Bankruptcy Judge. Plaintiffs CM Studio, Inc. ("CM"), Lisa Gwilliam and Lisa Mosko (collectively, "Plaintiffs") filed an adversary proceeding against the debtor, Jill Teckenbrock (the "Debtor"), seeking to exempt their claims from discharge under 523(a)(4) of the Bankruptcy Code as a debt arising out of a debtor's defalcation while acting in a fiduciary capacity. After trial, the Court enters judgment for the Debtor...
MEMORANDUM OF DECISION AND ORDER DISALLOWING AND EXPUNGING THE PRIORITY PORTION OF PROOF OF CLAIM NO. 149 OF UNITED STAFFING REGISTRY, INC. ALLAN L. GROPPER, Bankruptcy Judge. DeWitt Rehabilitation and Nursing Center, Inc. ("Debtor") moves to expunge the priority portion of proof of claim 149 filed by United Staffing Registry, Inc. ("Claimant"). Claimant had a contract with the Debtor to supply the Debtor with temporary employees. Among other things, the contract provided that Claimant would "...
DECISION ON OBJECTION TO CLAIM OF DR. ATUL C. SHAH 1 ROBERT E. GERBER, Bankruptcy Judge. In this contested matter in the chapter 11 case of reorganized debtor Motors Liquidation Company, formerly known as General Motors Corporation (" Old GM "), pro se claimant Dr. Atul Shah (" Dr. Shah "), a contract physician formerly under contract with old GM, seeks allowance of a claim 2 for $10 million. He seeks compensatory and punitive damages for alleged employment discrimination, asserting that...
MEMORANDUM OF OPINION ALLAN L. GROPPER, Bankruptcy Judge. Introduction Before the Court is a motion for summary judgment filed by Eastman Kodak Company ("Kodak"), one of the debtors in the above-captioned bankruptcy case, on its claims for declaratory and injunctive relief against Apple Inc. ("Apple") and FlashPoint Technology, Inc. ("FlashPoint"). Apple and FlashPoint have asserted inventorship claims pursuant to federal patent law and state law claims relating to certain patents...
MEMORANDUM DECISION CONFIRMING THE TRUSTEE'S DETERMINATION OF CLAIMS RELATING TO SOFT DOLLAR COMMISSION CREDITS JAMES M. PECK, Bankruptcy Judge. Introduction This is the first time that any court has been asked to decide the question of whether so-called "soft dollar" claims qualify for treatment as customer claims under the Securities Investor Protection Act of 1970, 15 U.S.C. 78 aaa et seq., as amended ("SIPA"). As explained in this decision, they do not. James W. Giddens (the "...
NOT FOR PUBLICATION MEMORANDUM OF DECISION ALLAN L. GROPPER, Bankruptcy Judge. Introduction Certain holders of common stock issued by debtor Eastman Kodak Company (together with its debtor-affiliates, "Kodak") have submitted a motion, pursuant to 1102(a)(2) of the Bankruptcy Code, requesting the appointment of an official committee of equity security holders in Kodak's chapter 11 cases. Because the Court finds on the present record that the appointment is not "necessary" to assure Kodak'...
MODIFIED BENCH RULING ON THE MOTION OF THE BAKERY, CONFECTIONARY, TOBACCO WORKERS AND GRAIN MILLERS INTERNATIONAL UNION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION ROBERT D. DRAIN, Bankruptcy Judge. I have before me the motion of the Bakery, Confectionary, Tobacco Workers and Grain Millers International Union — or the Bakers' Union — to dismiss the 1113/1114 motion of the debtor for lack of subject matter jurisdiction. The motion is premised upon the Bakers' Union's view of the plain...
BENCH MEMORANDUM DECISION AND ORDER DENYING MOTION OF PICOWER CLASS ACTION PLAINTIFFS FOR A DETERMINATION THAT THE COMMENCEMENT OF SECURITIES CLASS ACTION LAWSUITS AGAINST NON-DEBTOR PARTIES IS NOT PROHIBITED BY A PERMANENT INJUNCTION ISSUED BY THIS COURT OR VIOLATIVE OF THE AUTOMATIC STAY BURTON R. LIFLAND, Bankruptcy Judge. Before the Court are the motions of A & G Goldman Partnership ("A & G Goldman") 1 and Pamela Goldman 2 (together, the "Class Action Plaintiffs" or "Movants") 3 ,...
MEMORANDUM OF DECISION ALLAN L. GROPPER, Bankruptcy Judge. Eastman Kodak Company (together with affiliated debtors, "Kodak"), has moved for an order, pursuant to 105(a) of the Bankruptcy Code, in aid of its planned sale of certain patents related to digital cameras. 1 For the reasons stated hereafter, the motion is denied. Background The background of the dispute is as follows. On January 19, 2012, Kodak filed a voluntary petition in this Court for relief under chapter 11 of the...
SIPA LIQUIDATION MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS BURTON R. LIFLAND, Bankruptcy Judge. Before the Court is the motion (the "Motion") of Kurt Brunner ("Brunner" or the "Defendant") 1 to dismiss the complaint of Irving H. Picard, Esq. (the "Trustee"), trustee for the substantively consolidated Securities Investor Protection Act ("SIPA") liquidation of Bernard L. Madoff Investment Securities LLC ("BLMIS") and Bernard L. Madoff ("Madoff"), for lack of...
MEMORANDUM DECISION DENYING OBJECTION TO DISCHARGE CECELIA G. MORRIS, Chief Judge. Introduction Plaintiff objects to the Defendant's discharge on the grounds that she knowingly and fraudulently made a false oath or account, by failing to disclose her live-in boyfriend's presence as a household member and his alleged contribution to the support of herself and her dependents on the means test and schedules. The Court conducted a trial, and denies the objection to discharge, because the live-...
MEMORANDUM DECISION PROHIBITING WELLS FARGO FROM ASSERTING THE SETTLED FORGERY CLAIM OR ANY OTHER ESTATE CLAIMS IN STATE COURT CECELIA G. MORRIS, Chief Judge. First Republic Bank ("First Republic") filed a motion to compel Wells Fargo Bank ("Wells Fargo") to comply with the automatic stay and prior bankruptcy court rulings, and asks that the Court direct Wells Fargo to withdraw state court pleadings that assert the Debtor's forgery claim and other claims of the estate. Wells Fargo argues...
MEMORANDUM DECISION AND ORDER DENYING THE MOTION FOR AN ORDER CONFIRMING THAT CERTAIN LIMITED PARTNERS ARE HOLDERS OF ALLOWED LIMITED PARTNER INTERESTS AND MEMBERS OF CLASS 4 UNDER THE AMENDED PLAN BURTON R. LIFLAND, Bankruptcy Judge. Before the Court is the motion (the "Motion") of Christopher McLoughlin Keough, Quantum Hedge Strategies Fund, LP, and SIM Hedged Strategies Trust (the "Purported Limited Partners" or "Movants"), purported limited partners in Greenwich Sentry, L.P. ("Sentry,"...
MEMORANDUM DECISION AND ORDER GRANTING MOTION OF U.S. BANK NATIONAL ASSOCIATION, AS SECURITIES INTERMEDIARY, TO ENFORCE THIS COURT'S JANUARY 17, 2008 SALE ORDER BURTON R. LIFLAND, Bankruptcy Judge. Before the Court is the Motion (the "Motion") of U.S. Bank National Association ("U.S. Bank"), in its capacity as securities intermediary, to enforce this Court's January 17, 2008 Sale Order 1 approving the sale (the "Sale") of substantially all the assets of Ritchie Risk-Linked Strategies...
NOT FOR PUBLICATION MEMORANDUM OPINION APPROVING STIPULATION AND RESOLVING OBJECTIONS RELATING TO RELEASE OF CLAIMS FROM FUTURES CUSTOMERS AND GRANTING SIPA TRUSTEE'S MOTION TO APPROVE FIRST INTERIM DISTRIBUTION FOR ALLOWED COMMODITY FUTURES CLAIMS MARTIN GLENN, Bankruptcy Judge. Before the Court are two related issues. The first issue arises from the Motion of James W. Giddens, SIPA Trustee for Liquidation of MF Global Inc., To Approve First Interim Distribution for Allowed Commodity...
MEMORANDUM DECISSION AND ORDER DENYING FRIEDLAND'S MOTION FOR AN ORDER TO (I) REOPEN THE CASE PURSUANT TO BANKRUPTCY CODE 350(b), RULE 5010 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE, AND LOCAL RULE 5010-1, AND (II) GRANT SUCH OTHER RELIEF AS THE COURT MAY DEEM JUST AND PROPER BURTON R. LIFLAND, Bankruptcy Judge. Before the Court is the motion (the "Motion") of Dion Friedland ("Friedland") seeking an order to (i) reopen the chapter 11 bankruptcy case of HBLS, LP, ("HBLS" or the "Debtor")...
MEMORANDUM OPINION GRANTING TRUSTEE'S MOTION TO APPROVE SECTION 363 PURCHASE AGREEMENT IN FURTHERANCE OF COURT-ORDERED BULK TRANSFERS MARTIN GLENN, Bankruptcy Judge. Before the Court is the Trustee's Motion To Approve Section 363 Purchase Agreement in Furtherance of Court-Ordered Bulk Transfers (the "Motion" ). (ECF Doc. #1046.) In support of the Motion, the Trustee submitted the Declaration of Richard M. Siegel (" Siegel Decl. "). (ECF Doc. #1046, Exhibit 2). Paul Hamann ( "Hamann"...
MEMORANDUM DECISSION AND ORDER DENYING IN PART AND GRANTING IN PART THE TRUSTEE'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT BURTON R. LIFLAND, Bankruptcy Judge. Query: Given ongoing forensic activity and the restrictions set forth by the Supreme Court in Krupski, 1 can the Madoff trustee simply add defendants at any time Here, inclusion of ex and current spouses of Madoff's two sons is at play. Before the Court is the motion (the "Motion") of Irving H. Picard, Esq. (the "...
