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· 1/5/2010

In Re Metcalfe & Mansfield Alternative Investments

Citations

  • 421 B.R. 685
  • 2010 Bankr. LEXIS 1
  • 52 Bankr. Ct. Dec. (CRR) 159
  • 2010 WL 20603

How courts have described this case

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

  • explaining that enforcement of relief in a foreign plan does not require identical relief to be available in the United States
  • explaining that even if relief in a foreign order is not typically available in a U.S. proceeding, it may be available in a chapter 15 proceeding pursuant to principles of comity
  • explaining that a Canadian court had the power to enter such relief
  • finding there was near unanimous approval of the plan by the creditors, who were not insiders of the debtor
  • granting comity to an approved Canadian plan of reorganization that specifically provided for third-party non-debtor releases
  • construing the section narrowly and finding that, prior to Purdue, U.S. bankruptcy courts could enforce non-consensual third-party releases because they were not manifestly contrary to U.S. public policy

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin Glenn

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.