§ 1521(a)

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

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

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 AJW Offshore Ltd.

Pending before the court was the general request of petitioners, the duly appointed foreign representatives in these four chapter 15 cases, for additional relief pursuant to 11 U.S.C.S. § 1521(a), including the right to seek turnover of estate assets and records under 11 U.S.C.S. §§ 542, 543, authority to conduct discovery, and entrustment with the administration and realization of estate assets.
Ruling: 
Foreign representative's request for additional relief granted.
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Commercial case opionion summary, case decided on March 19,2013, LexisNexis #0613-102

In re Qimonda Ag

A foreign representative filed a motion in a chapter 15 bankruptcy case, seeking an order enjoining a French semiconductor company from prosecuting an action it filed against a German company ("debtor") and its U.S. affiliate in the U.S. District Court for the Northern District of California. The French company opposed the foreign representative's motion and asked the bankruptcy court to grant relief from the automatic stay.
Ruling: 
French company's action against German debtor and U.S. affiliate enjoined to the extent alleging prepetition breaches of agreement.
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Commercial case opionion summary, case decided on November 07,2012, LexisNexis #1112-136

In re Lee

Movants, the foreign representatives of foreign debtor's estate, sought an order pursuant to 11 U.S.C.S. §§ 1521(a)(5) and (b), directing the turnover of all assets of the debtors located in the United States (U.S.). The debtors objected to the turnover motion. The dispute concerns whether the foreign representatives were entitled to the turnover of the debtors' equity interests in several U.S. companies.
Ruling: 
Foreign representatives were entitled to turnover of debtor's U.S. assets.
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Consumer case opionion summary, case decided on June 04,2012, LexisNexis #0612-135

Fairfield Sentry Ltd. V. Theodore GGC Amsterdam (In re Fairfield Sentry Ltd.)

Plaintiffs, foreign representatives of debtors in foreign insolvency proceedings, brought a multitude of actions in state court against defendant financial entities seeking to recover amounts paid to the entities based on the debtors' participation in a fraudulent investment scheme. The actions were removed to the bankruptcy court, and certain entities moved for remand or abstention with regard to certain of the actions.
Ruling: 
Claims by foreign representatives of debtors in foreign insolvency proceedings were properly removed to bankruptcy court.
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Commercial case opionion summary, case decided on May 23,2011, LexisNexis #0611-136

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