· 7/31/2009
Crook v. Universal Songs of Polygram
Citations
- 350 F. App'x 102
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that intangible property in the form of fiduciary duty claims had its situs in New York
- finding that attorney retainers deposited by foreign debtors in the United States for the alleged sole purpose of satisfying Section 109(a)—and, thereafter, obtaining discovery—were sufficient to satisfy Section 109(a)’s “property” requirement
- collecting cases concluding that venue for Chapter 15 cases can be found where principal assets consist of retainer accounts alone
- collecting cases concluding that venue for Chapter 15 cases can be found where principal assets consist of retainer accounts alone
- “Chapter 15 and the Model Law are designed to optimize disposition of international insolvencies by facilitating appropriate access to the court system of a host country (the United States, in the case of Chapter 15
- “[I]t is well established that ‘[a] debtor's funds held in a retainer account in the possession of counsel to a foreign representative constitute property of the debtor in the United States and satisfy the eligibility requirements of section 109.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hawkins, Leavy, Wallace
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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