Legal Opinion
In Re Asia Global Crossing, Ltd.
United States Bankruptcy Court, S.D. New York
Decided December 13, 2007No. 18-13633PublishedCited by 1 opinion
1Opinion of the Court
POST-TRIAL DECISION EXPUNGING CLAIM NO. 5.
STUART M. BERNSTEIN, Chief Judge.
360networks Corporation (“360net-works”) filed a $100 million proof of claim in this case. The claim is based on a guarantee (the “Guaranty”) given by the debtor, Asia Global Crossing, Ltd. (“Asia Global”). The background to the dispute, discussed at length in In re Asia Global Crossing, Ltd., 326 B.R. 240 (Bankr.S.D.N.Y.2005), culminated in a two day trial, which centered on 360networks’ readiness, willingness and ability to perform following Asia Global’s anticipatory repudiation. The Court concludes that 360networks…
2Cases cited26 opinions
- American List Corp. v. U.S. News & World Report, Inc.New York Court of Appeals · 1989
- Huntington Mining Holdings, Inc. v. Cottontail Plaza, Inc.New York Court of Appeals · 1983
- Tenavision, Inc. v. NeumanNew York Court of Appeals · 1978
- Record Club of America, Incorporated, Cross-Appellant v. United Artists Records, Incorporated, Cross-AppelleeCourt of Appeals for the Second Circuit · 1989
- Towers Charter & Marine Corporation, Counter-Defendant v. Cadillac Insurance Company, Counter-Plaintiff v. Steven Hoffenberg, Additional on the Counterclaim-AppellantCourt of Appeals for the Second Circuit · 1990
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3Cited by1 opinion
- In Re Asia Global Crossing, Ltd.District Court, S.D. New York · 2009