In Re: RCS Capital Development v.

How courts have described this case

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

• stating that recognition is mandatory when an insolvency proceeding meets the criteria of section 1502
• finding that chapter 15 directs courts to act in aid of main proceeding and to maximize assistance
• stating that “the COMI presumption may be overcome particularly in the case of a ‘letterbox’ company not carrying out any business” in the country where its registered office is located
• stating that “the COMI presumption may be overcome particularly in the case of a ‘letterbox’ company not carrying out any business” in the country where its registered office is located
• examining Congress’s purpose in enacting chapter 15 and explaining the objectives of the legislation
• exception “is only intended to be invoked under exceptional circumstances concerning matters of fundamental importance” for the United States (citation omitted)

Source: CourtListener parenthetical corpus (CC0).