Markus, In re
Oct
23
2019
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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Court
:
- 11 U.S.C.
Viacao Itapemirim, S.A., In re
Oct
10
2019
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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Court
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Arctic Glacier Int'l, Inc., In re--Zardinovsky v. Arctic Glacier Income Fund
Aug
20
2018
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
Arctic Glacier Int'l, Inc., In re--Zardinovsky v. Arctic Glacier Income Fund
Aug
20
2018
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
Platinum Partners Value Arbitrage Fund L.P., In re
Apr
17
2018
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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Court
:
- 11 U.S.C.
CGG S.A., In re
Dec
21
2017
Ruling
Court granted foreign representative's motion for an order recognizing and enforcing the order of a French Court sanctioning a Safeguard Plan and granting related relief. (Bankr. S.D.N.Y.)
Issue(s)
Relief That May Be Granted Upon Recognition; Types of Appropriate Relief; Additional Relief.
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Court
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In re AJW Offshore Ltd.
Mar
19
2013
Ruling
Foreign representative's request for additional relief granted.
Procedural posture
Pending before the court was the general request of petitioners, the duly appointed foreign representatives in these four chapter 15 cases, for additional relief pursuant to 11 U.S.C.S. § 1521(a), including the right to seek turnover of estate assets and records under 11 U.S.C.S. §§ 542, 543, authority to conduct discovery, and entrustment with the administration and realization of estate assets.
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Court
:
- 11 U.S.C.
In re Qimonda Ag
Nov
07
2012
Ruling
French company's action against German debtor and U.S. affiliate enjoined to the extent alleging prepetition breaches of agreement.
Procedural posture
A foreign representative filed a motion in a chapter 15 bankruptcy case, seeking an order enjoining a French semiconductor company from prosecuting an action it filed against a German company ("debtor") and its U.S. affiliate in the U.S. District Court for the Northern District of California. The French company opposed the foreign representative's motion and asked the bankruptcy court to grant relief from the automatic stay.
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Court
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In re Lee
Jun
04
2012
Ruling
Foreign representatives were entitled to turnover of debtor's U.S. assets.
Procedural posture
Movants, the foreign representatives of foreign debtor's estate, sought an order pursuant to 11 U.S.C.S. §§ 1521(a)(5) and (b), directing the turnover of all assets of the debtors located in the United States (U.S.). The debtors objected to the turnover motion. The dispute concerns whether the foreign representatives were entitled to the turnover of the debtors' equity interests in several U.S. companies.
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Court
:
- 11 U.S.C.
Fairfield Sentry Ltd. V. Theodore GGC Amsterdam (In re Fairfield Sentry Ltd.)
May
23
2011
Ruling
Claims by foreign representatives of debtors in foreign insolvency proceedings were properly removed to bankruptcy court.
Procedural posture
Plaintiffs, foreign representatives of debtors in foreign insolvency proceedings, brought a multitude of actions in state court against defendant financial entities seeking to recover amounts paid to the entities based on the debtors' participation in a fraudulent investment scheme. The actions were removed to the bankruptcy court, and certain entities moved for remand or abstention with regard to certain of the actions.
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Court
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