· 11/28/2012
Ad Hoc Group of Vitro Noteholders v. Vitro S.A.B. De C.V.
Citations
- 701 F.3d 1031
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the foreign representatives were “not disqualified from serving as foreign representatives merely because they were not the subject of an official court appointment”
- holding that relief available under section 1521(a) is “co-extensive” with that available under section 304
- concluding that a court should first consider the specific relief enumerated under Section 1521 before considering relief under Section 1507
- stating that 15 comity is “an important factor in determining whether relief will be 16 granted” under Chapter 15, but is not a per se rule
- stating that “Chapter 15 does impose certain requirements and considerations that act as a brake or limitation on comity, and preclude granting the relief requested by a foreign representative”
- explaining that a Mexican court approved the releases at issue and that relief available in a foreign court need not be identical to or available under U.S. law
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Smith, Barksdale
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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