In Re Fairfield Sentry Ltd.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• identifying activities that may constitute an “opportunistic shift to establish COMI,” including “insider exploitation, untoward manipulation, [and] overt thwarting of third party expectations.”
• indicating the Debtors “were established as vehicles for mainly non-U.S. persons and tax-exempt United States entities to invest with BLMIS”
• entrusting realization of the Debtors’ assets within the U.S. to the Foreign Representatives
• identifying concerns and explaining that courts may make a broader assessment of COMI if there has been an “opportunistic shift to establish COMI (i.e., insider exploitation, untoward manipulation, overt thwarting of third party expectations.)”
• “[A]s the Objectors have advanced evidence in support of their position that New York is the proper COMI, the Court cannot rely solely upon this presumption, but rather must consider all of the relevant evidence.”

Source: CourtListener parenthetical corpus (CC0).