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§ 109(a)

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

Ruling
Australian liquidation recognized as foreign main proceeding over objection of debtor’s former owners to Chapter 15 petition. (Bankr. S.D.N.Y.)
Issue(s)
Who May Be a Debtor; Person or Municipality.

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Consumer opinion summary, case decided on July 08, 2025 , LexisNexis #0925-001

Talal Qais Abdulmunem Al Zawawi, In re--Talal Qais Abdulmunem Al Zawawi v. Diss

Ruling
Debtor eligibility was not a prerequisite for recognition of a foreign proceeding under Chapter15. (11th Cir.)
Issue(s)
Who May Be a Debtor; Person or Municipality.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 03, 2024 , LexisNexis #0624-028

Le La Nails, In re

Ruling
Two companies were ineligible to be debtors in the bankruptcy cases filed in their names asneither ever had a residence, domicile, place of business, or property in the United States.(Bankr. C.D. Ill.)
Issue(s)
Who May Be a Debtor; Person or Municipality.

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Consumer opinion summary, case decided on August 18, 2022 , LexisNexis #1022-001

Talal Qais Abdulmunem Al Zawawi, In re

Ruling
11 U.S.C. § 109(a) does not apply in Chapter 15 proceedings. (Bankr. M.D. Fla.)
Issue(s)
Who May Be a Debtor; Person or Municipality.

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Consumer opinion summary, case decided on August 30, 2021 , LexisNexis #1021-051

U.S. Steel Can. Inc., In re

Ruling
Court granted recognition of the foreign main proceeding, the foreign representative, thesanction order, and related relief. (Bankr. S.D.N.Y.)
Issue(s)
Who May Be a Debtor; Person or Municipality.

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Commercial opinion summary, case decided on July 31, 2017 , LexisNexis #0917-001

Barnet v. Fletcher (In re Fletcher)

Ruling
Recognition of foreign main proceeding vacated due to failure to satisfy § 109 (a).
Issue(s)
Does § 109(a) apply to a debtor in a foreign main proceeding under chapter 1. 5

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 11, 2013 , LexisNexis #0114-002

In re Estate of Assignment for the Benefit of Creditors of May

Ruling
Liquidating trust was not an eligible debtor.
Procedural posture

Creditors of an individual who allegedly engaged in a fraudulent Ponzi scheme filed a motion to dismiss the chapter 11 case filed by the assignee of the individual's assets, on the grounds that the debtor, a liquidating trust, was not a "business trust" and thus was not a "person" eligible to be a debtor in bankruptcy under 11 U.S.C.S. § 109(a).

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Consumer opinion summary, case decided on May 27, 2008 , LexisNexis #0608-107