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§ 1519

Andrade Gutierrez Engenharia S.A., In re

Nov
03
2022
Ruling
Foreign representative met its burden for a preliminary injunction as the risk of an attachmentconstituted imminent harm. (Bankr. S.D.N.Y.)
Issue(s)
Relief That May Be Granted Upon Filing Petition For Recognition.

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Commercial opinion summary, case decided on November 03, 2022 , LexisNexis #0123-023
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In re Worldwide Educ. Servs.

Jun
17
2013
Ruling
Foreign representative denied stay of two lawsuits that were on the verge of trial.
Procedural posture

Voluntary liquidator of chapter 15 debtor filed a motion for preliminary stay, seeking the imposition of the automatic stay under 11 U.S.C.S. § 362(a) pending the outcome of his petition for recognition of foreign proceedings.

Issue(s)
Whether a debtor that was incorporated in the British Virgin Islands ("BVI") and was seeking recognition under chapter 15 of the U.S. Bankruptcy Code of an action it filed in the BVI under the BVI Companies Act of 2004 was entitled under 11 U.S.C.S. § 1519(a) to an order staying lawsuits creditors had filed in federal district court.

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Commercial opinion summary, case decided on June 17, 2013 , LexisNexis #0713-067
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In re Pro-Fit Holdings Ltd.

Jul
11
2008
Ruling
Application of stay was appropriate provisional relief to bar enforcement of district court order pending recognition of debtors' foreign proceeding.
Procedural posture

Petitioners, the joint administrators of three chapter 15 debtors, sought provisional relief under 11 U.S.C.S. § 1519 to apply 11 U.S.C.S. § 362 to stay the enforcement of a U.S. district court order, following judgment on the merits, attaching the U.S. assets of the debtors. Initially the administrators sought a temporary restraining order, but then modified their request. Two creditors were also before the court.

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Commercial opinion summary, case decided on July 11, 2008 , LexisNexis #1108-130
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