Oct
23
2019
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
Oct
10
2019
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
Aug
20
2018
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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Commercial case opionion summary, case decided on August 20,2018, LexisNexis #1018-027
Court: Judge or Jurisdiction information not available
Aug
20
2018
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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Commercial case opionion summary, case decided on August 20,2018, LexisNexis #1018-027
Court: Judge or Jurisdiction information not available
Jul
09
2018
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
Apr
17
2018
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
Jan
02
2018
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
Dec
21
2017
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
Nov
07
2016
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
Dec
15
2015
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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