- 11 U.S.C.
Parmalat Capital Fin. Ltd. v. Bank of Am. Corp.
Jan
18
2011
Ruling
State law action to recover assets of foreign debtors was properly removed as related to a proceeding ancillary to a foreign proceeding.
Procedural posture
Plaintiffs filed actions to recover damages that they contended were owed to them pursuant to Illinois state law. Before the court were plaintiffs' challenge to orders of the United States District Court for the Southern District of New York and the Northern District of Illinois, denying their motions for remand and abstention, and granting summary judgment to defendants.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Nugent Establishment Industrie F.L. v. Agency for Deposti Ins. Of Serb. (In re Agency for Deposit Ins. Of Serbia)
Nov
21
2008
Ruling
Petition for recognition of foreign proceeding was brought by a proper "foreign representative" and properly granted.
Procedural posture
Plaintiff appealed from an order of the United States District Court for the Southern District of New York, which granted defendant petitioner's motion for summary judgment on its petition under former 11 U.S.C.S. § 304.
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Court
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Judge or Jurisdiction information not available
Bondi v. Capital & Fin. Asset Mgmt.
Jul
22
2008
Ruling
District court properly denied motion of debtor in foreign proceeding to enjoin U.S. securities fraud action.
Procedural posture
Appellants challenged an order of the United States District Court for the Southern District of New York, denying a motion under 11 U.S.C.S. § 304 (repealed) by appellant debtor in foreign bankruptcy proceedings, to enjoin securities fraud actions brought against it in the United States.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Argo Fund Ltd. v. Board of Dirs. of Telecom Arg. S.A. (In re Board of Dirs. of Telecom Arg. S.A.)
May
29
2008
Ruling
Recognition of ancillary foreign proceeding affirmed.
Procedural posture
Appellant creditor appealed from a decision by the United States District Court for the Southern District of New York, which affirmed an order of the bankruptcy court), granting a petition by appellee, the board of directors of debtor, a major Argentine telecommunications company, for recognition of an ancillary foreign insolvency proceeding under former 11 U.S.C.S. § 304.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Argo Fund Ltd. v. Board of Directors of Telecom Arg. (In re Board of Directors of Telecom Arg.)
Nov
20
2006
Ruling
Creditor's objections to enforcement of Argentine court's order barred by res judicata.
Procedural posture
Appellee debtor filed an action pursuant to 11 U.S.C. § 304, seeking approval and enforcement of an acuerdo preventivo extrajudicial ("APE") that had been approved by an Argentine court. Appellant creditor appealed from an order of the Bankruptcy Court for the Southern District of New York, which confirmed the debtor's petition.
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Court
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- 11 U.S.C.
In re Bd. of Dirs. of Telecom Arg. S.A.
Feb
24
2006
Ruling
Petition for an order granting recognition to a final order of an Argentinian court approving debtor restructuring was granted since the restructuring treated creditors equally and was consistent with the Code.
Procedural posture
Foreign debtor filed a petition for an order under 11 U.S.C. § 304 to grant recognition to a final order of a court in Argentina approving the restructuring of the debtor under Argentine law pursuant to an acuerdo preventivo extrajudicial ("APE"). A creditor objected.
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Court
:
In re Wuthrich
Jan
24
2006
Ruling
A foreign trustee was denied an injunction to enjoin a patent office proceeding since that proceeding was to address the threshold question of the ownership of a trademark, which needed to be decided before considering the appropriateness of injunctive relief.
Procedural posture
This was a foreign proceeding. Debtors operated SwissAir, a world-wide commercial airline. Its operations included flights between Switzerland and the United States. Its trademark "SWISSAIR" was registered with the U.S. Patent & Trademark Office ("USPTO"). An entity purchased debtors' flight operations and commenced a case before the USPTO to cancel debtors'registration of the trademark. The trustee moved to enjoin the proceeding in the USPTO.
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Court
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In re Artimm S.r.l.
Dec
01
2005
Ruling
Settlement was approved and settlement funds were directed to Italian bankruptcy court to assure an economical and expeditious administration of the estate.
Procedural posture
An Italian bankruptcy trustee filed an ancillary proceeding under former 11 U.S.C. § 304 to avert a default judgment against the debtor in a California case filed by the debtor's former executive. Bankruptcy court approval was sought for a proposed settlement agreement entered into by the debtor and a movie studio; the executive and a movie producer opposed the settlement's provision for the transfer of funds to the trustee in Rome.
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Court
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