Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Bankruptcy

Case of the Day: RCC Ventures v. Brandtone Holdings

Posted on August 24, 2017

The case of the day is RCC Ventures, LLC v. Brandtone Holdings, Ltd. (S.D.N.Y. 2017). RCC was in the business of introducing businesses to institutional lenders. Brandtone was an Irish firm with its offices in Dublin. RCC had a claim against Brandtone for money it claimed was due under an exclusive debt financing agreement. Brandtone sued in New York. It served process on Brandtone, Inc., which it said was a wholly-owned subsidiary of Brandtone, via the New York Secretary of State. Then RCC sought a default judgment.

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Case of the Day: In re Vivaro Corp.

Posted on November 17, 2015

The case of the day is In re Vivaro Corp. (Bankr. S.D.N.Y. 2015). Vivaro Corp. filed a Chapter 11 petition in the bankruptcy court in 2012. Breezecom FZC and several other parties filed claims in the bankruptcy case, and Vivaro objected to the claims. There is a split in authority on how objections to claims are to be served on the claimants. Some courts apply FRBP 3007, under which the objection is to be served on the claimant by mail at least 30 days before the hearing on the objection. Other courts apply FRBP 7004, which incorporates FRCP 4. The Vivaro court, for reasons that I won’t get into, decided in today’s case that FRBP 3007 applies in such instances. The interesting point is…

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Case of the Day: Munoz v. Boyard

Posted on October 12, 2015

The case of the day is Munoz v. Boyard (Bankr. E.D.N.Y. 2015). Regis Munoz was a French inventor. He had developed a new battery charger, and he needed capital. So he entered into a partnership agreement with Crisor A. Boyard, under which Boyard would produce and market the invention. Munoz transferred his rights in the invention to the partnership, Avendale Investments, LLP, in return for a 20% stake in the partnership, at 10% interest in a French company, Innov-Nature, and royalties on sales. For his part, Boyard agreed to contribute $250,000 to the partnership. In 2010, the partnership ceased doing business. Boyard started a new business, Avendale Technology, LLC, to develop the battery charger. Boyard owned 50% of the business and Munoz owned 49%.…

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