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§ 1506

Nexgenesis Holdings Ltda., In re

Jul
30
2024
Ruling
Foreign representative's motion to recognize and enforce Brazilian bankruptcy court's nonfinal ex parte order freezing assets of U.S. citizen denied as contrary to public policy. (Bankr.S.D. Fla.)
Issue(s)
Public Policy Exception.

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Commercial opinion summary, case decided on July 30, 2024 , LexisNexis #1024-070
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Sabadash, In re

May
14
2024
Ruling
Reaffirmance of bankruptcy court's grant of foreign representative's petition for recognition offoreign proceeding was proper as the foreign proceeding was the center of main interest.(Bankr. C.D. Cal.)
Issue(s)
Public Policy Exception.

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Consumer opinion summary, case decided on May 14, 2024 , LexisNexis #0724-071
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Better Place, Inc., In re

Feb
05
2018
Ruling
Court denied former directors' motion to compel foreign liquidators to dismiss civillitigations commenced against them in an Israeli court. (Bankr. D. Del.)
Issue(s)
Public Policy Exception.

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Commercial opinion summary, case decided on February 05, 2018 , LexisNexis #0318-088
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In re Qimonda AG

Oct
28
2011
Ruling
Debtor in foreign proceeding could not terminate U.S. patent licenses.
Procedural posture

The representative of a debtor in a foreign insolvency proceeding moved to eliminate or restrict the applicability of bankruptcy law to allow the representative to terminate U.S. licenses to use the debtor's patents under foreign law. Upon remand from the U.S. District Court for the Eastern District of Virginia, the bankruptcy court considered whether the right to retain the licenses under bankruptcy law should apply under 11 U.S.C.S. § 1506.

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Commercial opinion summary, case decided on October 28, 2011 , LexisNexis #1111-135
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In re Toft

Jul
22
2011
Ruling
Recognition of foreign main proceeding for purpose of obtaining debtor's emails stored on U.S. servers denied as contrary to public policy.
Procedural posture

The foreign representative in a German insolvency proceeding of debtor, an orthopedic surgeon alleged to have debts exceeding 5.6 million Euros, initiated the instant chapter 15 proceeding for the purpose of gaining access to debtor's E-mail accounts stored on the servers of two internet service providers located in the United States. Under 11 U.S.C.S. § 1506, the issue was whether such relief was manifestly contrary to public policy.

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Consumer opinion summary, case decided on July 22, 2011 , LexisNexis #0811-103
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Iida v. Kitahara (In re Iida)

Sep
26
2007
Ruling
Japanese bankruptcy trustee in foreign main proceeding not required to obtain an order before proceeding against debtor's property in the United States.
Procedural posture

Appellant debtor sought review of a grant of summary judgment entered by the Bankruptcy Court for the District of Hawaii, which ruled that the appellee, the foreign bankruptcy trustee (foreign representative) for debtor's estate in Japan, was not required to obtain an order from a United States court before exercising control over property in the United States owned by the debtor, under chapter 15.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 26, 2007 , LexisNexis #1207-025
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RSM Richter Inc. v. Aguilar (In re Ephedra Prods. Liab. Litig.)

Aug
15
2006
Ruling
Court may recognize and enforce foreign claims liquidation procedure that lacks trial by jury.
Procedural posture

In consolidated products liability litigation in which numerous U.S. consumers sued a Canadian company that marketed a certain diet product in the U.S., petitioner, the monitor in a Canadian insolvency proceeding, moved for an order recognizing and enforcing an order of the Canadian insolvency tribunal that approved a claims resolution procedure for all creditor claims. Respondents, four U.S. claimants, objected to the order.

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opinion summary, case decided on August 15, 2006 , LexisNexis #0906-011
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