§ 1506

Better Place, Inc., In re

Ruling: 
Court denied former directors' motion to compel foreign liquidators to dismiss civillitigations commenced against them in an Israeli court. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 05,2018, LexisNexis #0318-088

In re Qimonda AG

The representative of a debtor in a foreign insolvency proceeding moved to eliminate or restrict the applicability of bankruptcy law to allow the representative to terminate U.S. licenses to use the debtor's patents under foreign law. Upon remand from the U.S. District Court for the Eastern District of Virginia, the bankruptcy court considered whether the right to retain the licenses under bankruptcy law should apply under 11 U.S.C.S. § 1506.
Ruling: 
Debtor in foreign proceeding could not terminate U.S. patent licenses.
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Commercial case opionion summary, case decided on October 28,2011, LexisNexis #1111-135

In re Toft

The foreign representative in a German insolvency proceeding of debtor, an orthopedic surgeon alleged to have debts exceeding 5.6 million Euros, initiated the instant chapter 15 proceeding for the purpose of gaining access to debtor's E-mail accounts stored on the servers of two internet service providers located in the United States. Under 11 U.S.C.S. § 1506, the issue was whether such relief was manifestly contrary to public policy.
Ruling: 
Recognition of foreign main proceeding for purpose of obtaining debtor's emails stored on U.S. servers denied as contrary to public policy.
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Consumer case opionion summary, case decided on July 22,2011, LexisNexis #0811-103

Iida v. Kitahara (In re Iida)

Appellant debtor sought review of a grant of summary judgment entered by the Bankruptcy Court for the District of Hawaii, which ruled that the appellee, the foreign bankruptcy trustee (foreign representative) for debtor's estate in Japan, was not required to obtain an order from a United States court before exercising control over property in the United States owned by the debtor, under chapter 15.
Ruling: 
Japanese bankruptcy trustee in foreign main proceeding not required to obtain an order before proceeding against debtor's property in the United States.
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Consumer case opionion summary, case decided on September 26,2007, LexisNexis #1207-025

RSM Richter Inc. v. Aguilar (In re Ephedra Prods. Liab. Litig.)

In consolidated products liability litigation in which numerous U.S. consumers sued a Canadian company that marketed a certain diet product in the U.S., petitioner, the monitor in a Canadian insolvency proceeding, moved for an order recognizing and enforcing an order of the Canadian insolvency tribunal that approved a claims resolution procedure for all creditor claims. Respondents, four U.S. claimants, objected to the order.
Ruling: 
Court may recognize and enforce foreign claims liquidation procedure that lacks trial by jury.
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