Bankruptcy Court Grants Rivkin Radler’s Motion to Dismiss Bankruptcy CaseSeptember 25, 2018 |
The Bankruptcy Court for the Southern District of New York granted our client’s motion to dismiss a bankruptcy case. Previously, in the State Court, Rivkin Radler attorneys, Tamika Hardy and Ken Novikoff obtained a preliminary injunction on behalf of the management company and the board of a New York City Housing Development Finance Corporation (the “HDFC”) enjoining a shareholder of the HDFC from interfering with the management of the HDFC or its efforts to sell units in the building. After the State Court issued the injunction, the shareholder purported to file the HDFC for bankruptcy under Chapter 11. Matt Spero, Stu Gordon, and Tamika Hardy then prepared and argued a motion to dismiss the bankruptcy case. The Bankruptcy Court adopted our arguments and found that the shareholder had no corporate authority to file the bankruptcy petition and that she had filed the case in bad faith.