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§ 1521(a)

In re Loy

Mar
30
2011
Ruling
Revocation of recognition of foreign main proceeding denied.
Procedural posture

A trustee in a debtor's English insolvency proceeding obtained recognition of the proceeding as a foreign main proceeding in the United States based in part upon a finding that England was the center of the debtor's main interest. The pro se debtor moved to revoke the recognition of the foreign proceeding.

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Consumer opinion summary, case decided on March 30, 2011 , LexisNexis #0711-027
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In re Atlas Shipping AS

Apr
27
2009
Ruling
Maritime attachments obtained against foreign debtor could be vacated and garnished funds turned over to foreign representative.
Procedural posture

Petitioner foreign representative filed an action under chapter 15 of the Bankruptcy Code, seeking recognition of a bankruptcy action that was filed by debtors, two Danish corporations, in Denmark. The foreign representative asked the court to vacate nine maritime attachments which creditors had obtained, pursuant to Supp. R. Adm. or Mar. Cl. & Asset Forfeiture Actions B, in the District Court for the Southern District of New York.

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Commercial opinion summary, case decided on April 27, 2009 , LexisNexis #0609-024
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Fogerty v. Condor Guaranty Inc. (In re Condor Ins. Ltd.)

Feb
09
2009
Ruling
Foreign representative could not exercise avoidance powers in a chapter 15 proceeding.
Procedural posture

Appellant foreign representatives sought review of an order of the Bankruptcy Court for the Southern District of Mississippi, which granted the Fed. R. Civ. P. 12(b)(1) motion of appellee guaranty company to dismiss their adversary proceeding or avoidance action alleging that assets belonging to the debtor were fraudulently transferred by the company to the United States.

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Commercial opinion summary, case decided on February 09, 2009 , LexisNexis #0309-090
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