John J. Galgay

How Judge Galgay rules, drawn from 20 signed orders. Every observation links to the order it came from.

Judge Galgay no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Southern District of New York
Position
bankruptcy
Status
Deceased
Appointed by
U.S. District Court for the Southern District of New York
Signed orders read
20

How Judge Galgay decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

A landlord established cause for stay relief when the lease was terminated, no adequate protection was offered, and the debtor did not explain how the premises supported rehabilitation.

“Annex presented no evidence concerning adequate protection of National’s interest. Questioned by the Court about its reorganization effort, Annex neither stated that it was assiduously preparing a plan of reorganization nor suggested how the lease was necessary for its effective rehabilitation.”

Procedural preferences

Late amendments to claims were closely examined to distinguish a true amendment from an entirely new demand.

“Amendments after the bar date will be scrutinized closely to insure that the amendment is genuine rather than an assertion of an entirely new claim.”

Cautions

A court-approved settlement and general releases foreclosed later attempts to relitigate the settled administration claim.

“Further, the general releases exchanged are effective. Therefore, Allvend is barred from relitigating the administration claim.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

In re W.T. Grant Co.
· 1984-03-16
Objection to claim (W.T. Grant Co. trustee) Granted

“The Court is constrained to disallow and expunge Chase’s claim.”

Matter of Fodiman
· 1982-03-30
Motion to dismiss complaint (Sanford S. Fodiman) Granted

“The complaint against Fodiman by the Third National Bank of Hampden County is hereby dismissed.”

Request for costs and attorney fees (Third National Bank of Hampden County) Denied

“This Court further declines to grant costs and attorneys’ fees.”

Request for costs and attorney fees (Sanford S. Fodiman) Denied
Matter of Annex Camera
· 1983-01-26
Motion for relief from automatic stay (National Shoes, Inc.) Granted

“the plaintiff is entitled to relief from the stay and authorization to execute its warrant of eviction.”

In re Lesher International, Ltd.
· 1982-06-30
Motion to dismiss involuntary petition (Lesher International, Ltd.) Granted

“the involuntary petition filed against the alleged debt- or is hereby dismissed without prejudice, for failure to state a claim upon which an order for relief could be granted under Code section 303.”

In re Arlumsa Development Corp.
· 1983-11-02
Motion to dismiss involuntary petition (Arlumsa Development Corporation) Granted

“The involuntary petition against Arlumsa is dismissed.”

Request for costs and attorney fees (Howard and Sheldon Golub) Denied

“the Court declines to award costs and damages to either party.”

Request for costs and attorney fees (Arlumsa Development Corporation) Denied
Oberon Investments, N.V. v. Treister (In re Treister)
· 1984-03-21
Motion to dismiss complaint (Leonard Treister) Granted

“Therefore, the Debtor’s motion to dismiss is granted.”

Request for costs and attorney fees (Leonard Treister) Denied

“The Debtor’s request for costs is denied.”

Matter of Badger Aluminum Extrusion Corp.
· 1980-11-26

Delivery of the final generator component fixed possession for purchase-money priority, leading the court to allocate sale proceeds between secured creditors.

In re Allvend Industries/Snacks by Toms, Inc.
· 1983-05-09
Motion to dismiss petition (Tom's Foods, Inc.) Granted

“Tom’s Foods motion to dismiss the Weiss petition is granted.”

City Insurance Co. v. Mego International, Inc. (In re Mego International, Inc.)
· 1983-03-18
Motion for relief from automatic stay (City Insurance Company) Denied

“this Court finds it proper to deny plaintiff’s motion to lift the stay with respect to the State Court Action against Mego.”

In re Brentano's, Inc.
· 1983-05-04
Motion to assume and assign lease (Brentano's, Inc.) Granted

“Court authorizes the proposed pro tanto assignment of its leasehold interest in its office premises at 545 Fifth Avenue.”

In re Ms. Kipps, Inc.
· 1983-11-02
Motion to stay state court action (Ms. Kipps and Kay Kipps) Granted

“Based on the foregoing reasoning, this Court stays the Union from continuing its State Court Action.”

In re Brentano's, Inc.
· 1983-01-31
Motion to stay state court action (MacMillan Inc.) Granted

“this Court affirms its previous order issued prior to December 24, 1982, to stay Pine Realty from proceeding in California state court or any other forum other than this bankruptcy court”

A historical record

Judge Galgay no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.