· 10/7/1999
Finanz Ag Zurich v. Banco Economico S.A.
Citations
- 192 F.3d 240
- 1999 U.S. App. LEXIS 24977
- 1999 WL 958509
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting, in a non-§ 304 proceeding, that \[w]e review a district court's decision to extend or deny comity to a foreign proceeding for abuse of discretion\
- the Second Circuit has “repeatedly noted the importance of extending comity to foreign bankruptcy proceedings.”
- “Comity is inappropriate in this case, because the Claims Recognition Ruling and the Concurso Approval Order did not disallow the Restructuring Fee.”
- requirement in Brazilian bankruptcy proceeding that creditor’s claims must be converted into local currency might be fundamentally unfair if it rendered the claim valueless or unenforceable
- judicial proceedings may receive comity to the extent that the \foreign court had proper jurisdiction and enforcement does not prejudice rights of United States citizens or violate domestic public policy\
- “We have repeatedly noted the importance of extending comity to foreign bankruptcy proceedings.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cabranes, Straub, McCurn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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