· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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