§ 1502

Poymanov, In re

Ruling: 
Russian insolvency proceeding was entitled to recognition as a "foreign main proceeding."(Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on July 31,2017, LexisNexis #0917-023

Gawker Media LLC, In re

Ruling: 
Pre-litigation discovery could not be granted after plan administrator failed to show that itwould suffer hardship or injustice. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on June 28,2017, LexisNexis #0817-026

Mood Media Corp., In re

Ruling: 
Fourteen U.S. companies did not qualify as "debtors" in a foreign proceeding as no evidencewas shown that the companies themselves engaged in economic activity in Canada. (Bankr.S.D.N.Y.)
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Commercial case opionion summary, case decided on June 28,2017, LexisNexis #0817-025

In re Commercial V.H. S.A. de C.V.

Before the court was a contested application to recognize a chapter 15 foreign proceeding and the foreign representative. An objection was filed by two defendants in a pending action in a state court.
Ruling: 
Mexican insolvency proceeding recognized as foreign main proceeding over objection on public policy grounds.
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Commercial case opionion summary, case decided on September 13,2012, LexisNexis #1012-067

In re Millennium Global Emerging Credit Master Fund Ltd.

Petitioner liquidators of debtors in a foreign insolvency proceeding asserted that Bermuda was the center of main interests (COMI) of the debtors within the meaning of 11 U.S.C.S. § 1502(4) and that the insolvency proceeding was properly brought in Bermuda. The liquidators petitioned for recognition of the proceeding as a foreign main proceeding, and an objector opposed the petition on the ground that Bermuda was not the debtors' COMI.
Ruling: 
Foreign main proceeding recognized where there was no evidence of a center of main interest in any other location.
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Commercial case opionion summary, case decided on August 26,2011, LexisNexis #0911-102

In re Tradex Swiss AG

Self-styled "foreign representatives" challenged the commencement of an involuntary chapter 7 case against a debtor, a foreign corporation, and sought, in the alternative, consolidation of the involuntary case with the debtor's chapter 15 case. The petitioning creditors in the involuntary case sought to deny recognition of a foreign proceeding.
Ruling: 
Recognition granted to foreign non-main proceeding and chapter 7 case permitted to proceed given debtor's center of main interest in U.S.
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Commercial case opionion summary, case decided on March 12,2008, LexisNexis #0408-024
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