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§ 1517(b)(1)

Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.)

Apr
16
2013
Ruling
Bankruptcy court properly recognized foreign main proceeding as debtor's center of main interest was in British Virgin Islands.
Procedural posture

Appellants, including a shareholder of debtor, challenged a judgment of the U.S. District Court for the Southern District of New York affirming the order of the Bankruptcy Court, which determined that debtor had its "center of main interests" in the British Virgin Islands (BVI), and therefore recognized debtor's liquidation in the BVI as a "foreign main proceeding" under 11 U.S.C.S. § 1517. Appellees were debtor's liquidator.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 16, 2013 , LexisNexis #0513-033
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In re British Am. Isle of Venice Ltd.

Dec
23
2010
Ruling
Petitioner who represented debtor's parent, debtor's largest creditor, in other bankruptcy cases was eligible to seek recognition of foreign main proceeding.
Procedural posture

Petitioner was appointed by the High Court of Justice, British Virgin Islands, Commercial Court (the "BVI court"), to liquidate a British Virgin Islands corporation that conducted business in the United States, and he filed a petition in the bankruptcy court which asked the court to recognize the action in the BVI court as a foreign main proceeding under 11 U.S.C.S. § 1517(b)(1). A creditor opposed the petition.

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Commercial opinion summary, case decided on December 23, 2010 , LexisNexis #0111-099
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