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Fogerty v. Condor Guaranty Inc. (In re Condor Ins. Ltd.)

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