Legal Opinion

In re Futterman

United States Bankruptcy Court, S.D. New York

Decided April 24, 2019No. Case No. 17-12899 (MEW)PublishedCited by 4 opinions

1Opinion of the Court

Honorable Michael E. Wiles, United States Bankruptcy Judge

The issues before the Court arise out of a deficiency claim filed by RWNIH-DL 122nd Street 1, LLC ("RWN ") in the Chapter 11 case of Hans Futterman. The deficiency claim arises out of the bankruptcy cases of Ladera Parent LLC and Ladera LLC (the "Ladera Debtors ") and is based on a personal guaranty of the Ladera Debtors' obligations that Mr. Futterman signed (the "Guaranty "). The parties disagree as to whether Mr. Futterman is entitled to assert certain objections to the deficiency claim as a matter of New York law and as to whether…

2Cases cited32 opinions

  1. Citibank, N. A. v. PlapingerNew York Court of Appeals · 1985
  2. Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
  3. Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
  4. Manufacturers Hanover Trust Company v. Nicholas Yanakas, Charles Buonincontri and Camille BuonincontriCourt of Appeals for the Second Circuit · 1993
  5. Sure-Snap Corp. v. State Street Bank & Trust Co.Court of Appeals for the Second Circuit · 1991

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3Cited by4 opinions

  1. 245 Park Member LLC v. HNA Group (International) Company LimitedDistrict Court, S.D. New York · 2023
  2. Fairlake Capital, LLC v. LathourisConnecticut Appellate Court · 2022
  3. Nissan Motor Acceptance Corporation v. Nemet Motors, LLCDistrict Court, E.D. New York · 2022
  4. Robert S. Mancini v. UBS AG, New York BranchDistrict Court, S.D. New York · 2026

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