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· 4/16/2013

Morning Mist Holdings Ltd. v. Krys

Citations

  • 714 F.3d 127
  • 69 Collier Bankr. Cas. 2d 612
  • 2013 WL 1593348
  • 2013 U.S. App. LEXIS 7608
  • 57 Bankr. Ct. Dec. (CRR) 232

How courts have described this case

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

  • holding that international sources may be considered to the extent they assist in \carry[ing] out the congressional purpose of achieving international uniformity in cross-border insolvency proceedings\
  • noting that a debtor’s COMI is determined at the timing of filing of the Chapter 15 petition, except in circumstances of COMI manipulation
  • explaining that “consideration of these specific factors is neither required nor dispositive” and warning against mechanical application
  • observing that the section “does not create an exception for any action under [Cjhapter 15 that may conflict with public policy, but only an action that is manifestly contrary.”
  • explaining that “consideration of these specific factors is neither required nor dispositive” and warning against mechanical application
  • explaining that “consideration of these specific factors is neither required nor dispositive” and warning against mechanical application

Source: CourtListener parenthetical corpus (CC0).

Judges: Jacobs, Winter, Swain

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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