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In re Atlas Shipping AS

In re Atlas Shipping AS

Ruling
Maritime attachments obtained against foreign debtor could be vacated and garnished funds turned over to foreign representative.
Procedural posture

Petitioner foreign representative filed an action under chapter 15 of the Bankruptcy Code, seeking recognition of a bankruptcy action that was filed by debtors, two Danish corporations, in Denmark. The foreign representative asked the court to vacate nine maritime attachments which creditors had obtained, pursuant to Supp. R. Adm. or Mar. Cl. & Asset Forfeiture Actions B, in the District Court for the Southern District of New York.

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Commercial opinion summary, case decided on April 27, 2009 , LexisNexis #0609-024