In Re: Koreag, Controle Et Revision S.A.

How courts have described this case

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

• recognizing that Congress permits injunctions to be issued under subsection (b)(1) regarding property \involved in\ the foreign proceeding, but subsection (b)(2
• observing that the deprivation of a “valid security interest or other benefit of domestic law ... might render a turnover unfair or otherwise improper”
• requiring a court to make a threshold determination whether disputed funds in a bank account were property of the bankruptcy estate before the funds could be sent to Switzerland for administration in the debtor’s main case pending there
• the four factors provide important guideposts, but the constructive trust doctrine is equitable in nature and should not be rigidly limited
• “[t]he doctrine’s applicability is limited only by the inventiveness of men who find new ways to enrich themselves unjustly by grasping what should not belong to them.”
• the heart of the issue is whether the \person wrongfully acquiring property can be treated as a constructive trustee notwithstanding the lack of a fiduciary relationship.\

Source: CourtListener parenthetical corpus (CC0).