1995 WL 779275, *6 (N.D.N.Y. Dec. 29,1995) (recognizing that Second Circuit takes the view that section 524(e) does not limit a bankruptcy court’s section 105 injunctive power). III. Adamson’s Threats Give Rise to a Justiciable Controversy 35. Under the Declaratory Judgment Act, 28 U.S.C. § 2201, a bankruptcy court may enter declaratory relief, whenever a party poses a real threat of litigation. Actual threats of litigation, such as the Adamson Letter, constitute a real and immediate controversy sufficient to convey jurisdiction on the Court. See, e.g., Kidder Peabody & Co., Inc. v. Maxus Energy Corp., 925 F.2d 556, 562 (2d Cir.), cert. denied, 501 U.S. 1218, 111 S.Ct. 2829, 115 L.Ed.2d 998 (1991); YWCA v. HMC Entertainment, Inc., 1992 WL 279361, at *2, *3 (S.D.N.Y. Sept. 25, 1992) (<HOLDING>). 36. Letters indicating a party’s intent to
holding that the case or controversy requirement applies with equal force to actions for declaratory judgment recognizing that it is not essential for there to be a direct threat of litigation in order to invoke the declaratory judgment act holding that actual controversy requirement is met where there is a substantial controversy between parties having adverse legal interests of sufficient immediacy and reality to warrant the issuance of a declaratory judgment holding that letter stating that the defendant was fully prepared to take all necessary legal action in order to protect defendants work was sufficient to show an actual threat of litigation and created a case or controversy for the purposes of the declaratory judgment act holding that to establish jurisdiction in action for declaratory judgment controversy must be actual and present a case for the consideration of the court wherein plaintiff is asserting some legal or property right adverse to defendant