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· 8/6/2009

Juan Zhu v. Holder

Citations

  • 339 F. App'x 121

How courts have described this case

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

  • holding that Bankruptcy Code section 1507 establishes the fairness considerations that courts must examine in determining whether to grant comity to a foreign court’s order
  • recognizing and enforcing Brazilian plan that included substantive consolidation and that authorized distributions with priorities that differ from those provided in the U.S. Bankruptcy Code
  • holding that a request for relief by a foreign representative (1) to enforce a foreign reorganization plan and confirmation decision even where the relief provided in the plan conflicts or is inconsistent with the relief available in a Chapter 11 plan, and (2
  • noting that it remains to be seen whether the “analysis crafted by the Vitro court [as to Sections 1521 and 1507] is embraced by other courts.”
  • finding that granting an order that will “enforc[e] a foreign confirmation order, including the request for an injunction of acts in contravention of such order” is relief available under section 1521
  • finding that relief to enforce Brazilian plan is proper under Section 1521

Source: CourtListener parenthetical corpus (CC0).

Judges: Jacobs, Leval, Newman

Read full opinion on CourtListener

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.