VACATING and REMANDING the district court’s order affirming the bankruptcy court’s order denying an application to conduct, in a Chapter 15 ancillary bankruptcy proceeding, a section 363 review...
VACATING bankruptcy court’s order and REMANDING for further proceedings, the Court of Appeals for the Second Circuit held that 11 U.S.C. § 109(a) applies to the debtor in a foreign main...
Judge(s):
Jacobs, Straub (Circuit Judges), and Kuntz (District Judge sitting by designation)
In re ABC Learning Ctrs. Ltd., No. 12-2808 (3rd Cir. 2013)
Ruling:
The Third Circuit affirmed the Bankruptcy Court's recognition of ABC's Australian insolvency proceeding as a foreign main proceeding under Chapter 15 of the Bankruptcy Code and order that the...
Second circuit upheld decisions of bankruptcy court and district court recognizing that Fairfield Sentry Limited ("Sentry") had its center of main intest ("COMI") in the British Virgin Islands...
Judge(s):
Jacobs, Chief Judge; Winter, Circuit Judge; Swain District Judge