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