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§ 1519(a)

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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