· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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