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· 6/10/2009

Toloi v. Holder

Citations

  • 334 F. App'x 89

How courts have described this case

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

  • discussing interplay of Bankruptcy Code § 1521 and 28 U.S.C. § 1334
  • “The general principles of comity that governed ac-knowledgement of cross-border matters under former [S]ection 304 no longer apply to recognition under [C]hapter 15.”
  • “Whether a particular proceeding is core or non-core&emdash;whether the bankruptcy court may enter a final order or judgment therein&emdash;has no impact on whether there is federal bankruptcy jurisdiction over the proceeding.”
  • “In light of the United States court’s ancillary role under chapter 15, there is no estate created here in a chapter 15 case. Section 541(a), establishing the estate under all chapters other than chapter 9, does not apply.”
  • “In light of the United States court’s ancillary role under chapter 15, there is no estate created here in a chapter 15 case. Section 541(a), establishing the estate under all chapters other than chapter 9, does not apply.”
  • “It is not necessary that the debtor have any assets in the United States for there to be a chapter 15 case. Sometimes the relief sought by the foreign representative is limited to the ability to conduct discovery under section 1521(a)(4).”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ikuta, McKeown, Trott

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.