Legal Opinion
In Re Asia Global Crossing, Ltd.
District Court, S.D. New York
Decided April 29, 2009No. 1:08-cv-3148PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
RICHARD J. HOLWELL, District Judge.
The principal question in this bankruptcy appeal is whether a party confronted with an anticipatory repudiation of a contract must prove it was ready, willing, and able to perform in order to recover a downpayment or prepayment under the contract. The Court holds that the answer to that question is “no.”
Appellant-claimant 360Networks Corporation (“360”) appeals from orders of the United States Bankruptcy Court for the Southern District of New York (Bernstein, C.J.) expunging its $100 million claim during the bankruptcy proceedings…
2Cases cited14 opinions
- In re Global Crossing Securities & Erisa LitigationDistrict Court, S.D. New York · 2004
- In Re Global Crossing, Ltd. Securities LitigationDistrict Court, S.D. New York · 2004
- Denburg v. Flattau & KlimplNew York Court of Appeals · 1993
- Richard v. Credit SuisseNew York Court of Appeals · 1926
- Lloyd Capital Corp. v. Pat Henchar, Inc.New York Court of Appeals · 1992
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3Cited by5 opinions
- Orlander v. Staples, Inc.Court of Appeals for the Second Circuit · 2015
- Weisfelner v. Blavatnik (In re Lyondell Chemical Co.)United States Bankruptcy Court, S.D. New York · 2016
- Weisfelner v. Blavatnik (In re Lyondell Chemical Co.)United States Bankruptcy Court, S.D. New York · 2017
- Princes Point LLC v. Muss Development L.L.C.Appellate Division of the Supreme Court of the State of New York · 2016
- Mayweather Promotions, LLC v. PAC Entertainment Worldwide, LLCDistrict Court, S.D. New York · 2022