§ 1521

Markus, In re

Ruling: 
Trust assets and proceeds from sale of Chapter 15 debtor’s estate could be turned over toforeign representative. (Bankr. S.D.N.Y.)HOLDINGS [1]-Where the Foreign Representative sought turnover of Chapter 15 debtor's assets in theU.S., including a New York revocable trust, Russian law permitted the Foreign Representative to exercisewhatever rights debtor had with respect to the trust; [2]-The Foreign Representative had the authority torevoke the trust and administer its assets, and no order from the court or from the Russian court wasrequired for the Foreign Representative to revoke the trust; [3]-The Foreign Representative complied withNew York law in exercising debtor's rights as settlor to terminate or revoke the trust under N.Y. Est.Powers & Trusts Law § 7-1.17(b) by executing a revocation document that was witnessed by two persons;[4]-11 U.S.C. § 1521(a) permitted the turnover of the trust assets and proceeds from the sale of Londonproperty held in a New York account.Markus, In re, 2019 Bankr. LEXIS 3324 (Bankr. S.D.N.Y. October 23, 2019) (Glenn, B.J.).
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Consumer case opionion summary, case decided on October 23,2019, LexisNexis #1219-047

Viacao Itapemirim, S.A., In re

Ruling: 
Foreign representative excused from producing documents and appearing for examination asthere was no cause to allow such discovery. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on October 10,2019, LexisNexis #1219-048

Arctic Glacier Int'l, Inc., In re--Zardinovsky v. Arctic Glacier Income Fund

Ruling: 
Releases in the bankruptcy reorganization plan waived liability and barred nonbankruptcyclaims as the releases were res judicata as to the initial shareholders and subsequentpurchasers. (3d Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on August 20,2018, LexisNexis #1018-027

Arctic Glacier Int'l, Inc., In re--Zardinovsky v. Arctic Glacier Income Fund

Ruling: 
Releases in the bankruptcy reorganization plan waived liability and barred nonbankruptcyclaims as the releases were res judicata as to the initial shareholders and subsequentpurchasers. (3d Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on August 20,2018, LexisNexis #1018-027

Oi S.A., In re

Ruling: 
Court granted foreign representative's motion to enforce Brazilian reorganization plan as theBrazilian proceeding was not contrary or prejudicial to the interests of creditors in the UnitedStates. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on July 09,2018, LexisNexis #0818-087

Platinum Partners Value Arbitrage Fund L.P., In re

Ruling: 
Court granted motion to compel a partnership to comply with the subpoena where relief sought was derived exclusively from the provisions of the bankruptcy code. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 17,2018, LexisNexis #0518-112

Energy Coal S.P.A., In re

Ruling: 
Court acknowledged the homologation order by an Italian bankruptcy court made under the Italian Insolvency Law, subject to the U.S. creditors' rights under U.S. law. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 02,2018, LexisNexis #0218-056

CGG S.A., In re

Ruling: 
Court granted foreign representative's motion for an order recognizing and enforcing the order of a French Court sanctioning a Safeguard Plan and granting related relief. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on December 21,2017, LexisNexis #0118-115

In re Ir. Bank Resolution Corp.

Ruling: 
Foreign representatives not entitled to turnover of contents of private email account it couldnot show belonged to debtor prior to or at petition date. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on November 07,2016, LexisNexis #1216-027

In re Daebo Intl Shipping Co. Ltd.

Ruling: 
Attachment on vessel ordered released as violating a stay order issued by a Korean court in foreign insolvency proceeding.
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Commercial case opionion summary, case decided on December 15,2015, LexisNexis #0116-031

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