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§ 1521

B.C.I. Fins. Pty, In re

Ruling
Liquidator of estates of foreign debtors was entitled to discovery rights to investigate potential claims against debtors’ founders and third parties that aided and abetted breaches of fiduciary duty. (Bankr. S.D.N.Y.)
Issue(s)
Relief That May Be Granted Upon Recognition; Types of Appropriate Relief; Discovery.

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Commercial opinion summary, case decided on March 10, 2025 , LexisNexis #0525-047

Modern Land (China) Co., In re

Ruling
Court granted motion for recognition of Cayman proceeding involving note holders as aforeign main proceeding. (Bankr. S.D.N.Y.)
Issue(s)
Relief That May Be Granted Upon Recognition.

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Consumer opinion summary, case decided on July 18, 2022 , LexisNexis #0922-021

Condor Flugdienst GmbH, In re

Ruling
Foreign representative's request for recognition and enforcement of the confirmation orderwas granted as United States creditors had been fairly treated by the German Court. (Bankr.N.D. Ill.)
Issue(s)
Relief That May Be Granted Upon Recognition.

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Commercial opinion summary, case decided on March 26, 2021 , LexisNexis #0521-048

Condor Flugdienst GmbH, In re

Ruling
Foreign representative's request for recognition and enforcement of the confirmation orderwas granted as United States creditors had been fairly treated by the German Court. (Bankr.N.D. Ill.)
Issue(s)
Relief That May Be Granted Upon Recognition.

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Commercial opinion summary, case decided on March 26, 2021 , LexisNexis #0521-048

Markus, In re

Ruling
Trust assets and proceeds from sale of Chapter 15 debtor’s estate could be turned over toforeign representative. (Bankr. S.D.N.Y.)HOLDINGS [1]-Where the Foreign Representative sought turnover of Chapter 15 debtor's assets in theU.S., including a New York revocable trust, Russian law permitted the Foreign Representative to exercisewhatever rights debtor had with respect to the trust; [2]-The Foreign Representative had the authority torevoke the trust and administer its assets, and no order from the court or from the Russian court wasrequired for the Foreign Representative to revoke the trust; [3]-The Foreign Representative complied withNew York law in exercising debtor's rights as settlor to terminate or revoke the trust under N.Y. Est.Powers & Trusts Law § 7-1.17(b) by executing a revocation document that was witnessed by two persons;[4]-11 U.S.C. § 1521(a) permitted the turnover of the trust assets and proceeds from the sale of Londonproperty held in a New York account.Markus, In re, 2019 Bankr. LEXIS 3324 (Bankr. S.D.N.Y. October 23, 2019) (Glenn, B.J.).
Issue(s)
Relief That May Be Granted Upon Recognition; Types of Appropriate Relief.

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Consumer opinion summary, case decided on October 23, 2019 , LexisNexis #1219-047

Viacao Itapemirim, S.A., In re

Ruling
Foreign representative excused from producing documents and appearing for examination asthere was no cause to allow such discovery. (Bankr. S.D. Fla.)
Issue(s)
Relief That May Be Granted Upon Recognition; Types of Appropriate Relief;

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Commercial opinion summary, case decided on October 10, 2019 , LexisNexis #1219-048

Arctic Glacier Int'l, Inc., In re--Zardinovsky v. Arctic Glacier Income Fund

Ruling
Releases in the bankruptcy reorganization plan waived liability and barred nonbankruptcyclaims as the releases were res judicata as to the initial shareholders and subsequentpurchasers. (3d Cir.)
Issue(s)
Relief That May Be Granted Upon Recognition; Types of Appropriate Relief.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 20, 2018 , LexisNexis #1018-027

Arctic Glacier Int'l, Inc., In re--Zardinovsky v. Arctic Glacier Income Fund

Ruling
Releases in the bankruptcy reorganization plan waived liability and barred nonbankruptcyclaims as the releases were res judicata as to the initial shareholders and subsequentpurchasers. (3d Cir.)
Issue(s)
Relief That May Be Granted Upon Recognition; Types of Appropriate Relief.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 20, 2018 , LexisNexis #1018-027

Oi S.A., In re

Ruling
Court granted foreign representative's motion to enforce Brazilian reorganization plan as theBrazilian proceeding was not contrary or prejudicial to the interests of creditors in the UnitedStates. (Bankr. S.D.N.Y.)
Issue(s)
Relief That May Be Granted Upon Recognition.

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Commercial opinion summary, case decided on July 09, 2018 , LexisNexis #0818-087

Platinum Partners Value Arbitrage Fund L.P., In re

Ruling
Court granted motion to compel a partnership to comply with the subpoena where relief sought was derived exclusively from the provisions of the bankruptcy code. (Bankr. S.D.N.Y.)
Issue(s)
Relief That May Be Granted Upon Recognition; Types of Appropriate Relief.

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Commercial opinion summary, case decided on April 17, 2018 , LexisNexis #0518-112