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§ 1516

In re Kemsley

Mar
22
2013
Ruling
Recognition of foreign proceeding denied where debtor was domiciled in the U.S.
Procedural posture

Chapter 15 debtor brought a contested petition for the recognition of his bankruptcy case pending in London as a foreign main or nonmain proceeding for an individual debtor.

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Consumer opinion summary, case decided on March 22, 2013 , LexisNexis #0413-138
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Lavie v. Ran

Feb
06
2008
Ruling
Bankruptcy court erred in failing to review facts rebutting presumption of debtor's center of main interest in denying chapter 15 recognition.
Procedural posture

Appellant bankruptcy trustee of an Israeli bankruptcy sought judicial review of the bankruptcy court's determination that a debtor's Israeli bankruptcy proceeding was neither a foreign main nor a foreign nonmain proceeding, thereby denying chapter 15 of the Bankruptcy Code recognition of the proceeding.

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Consumer opinion summary, case decided on February 06, 2008 , LexisNexis #0308022
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In re Basis Yield Alpha Fund (Master)

Jan
16
2008
Ruling
Cayman Islands insolvency proceeding of exempted company was not required to be recognized as a foreign main proceeding in absence of evidence of nature of business.
Procedural posture

Petitioner liquidators of a foreign debtor, an exempted limited liability financial company incorporated under the laws of the Cayman Islands, sought U.S. recognition of the debtor's Cayman Islands insolvency proceeding. No objection to recognition was made by any party, and the liquidators moved for summary judgment of recognition of the foreign proceeding as a foreign main proceeding.

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Commercial opinion summary, case decided on January 16, 2008 , LexisNexis #0208-061
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