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· 8/5/1987

Victrix Steamship Co. v. Salen Dry Cargo

Citations

  • 825 F.2d 709
  • 1987 A.M.C. 2945
  • 1987 U.S. App. LEXIS 10564

How courts have described this case

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

  • holding that a party “having elected to avail itself of a state court remedy ... must accept the state court procedural rules applicable to the remedy it has sought” and thus may be hable for attorneys’ fees for wrongful attachment
  • distinguishing debtor’s purely private rights versus a case taking on a “public character by virtue of [the debtor’s] insolvency and the institution of the ... bankruptcy proceeding”
  • New York law required federal court \to deny enforcement of the London judgment as conflicting with New York's public policy of deferring to foreign [Swedish] bankruptcy proceedings\
  • “American courts have long recognized the particular need to extend comity to foreign bankruptcy proceedings.”
  • refusal to countenance attachment designed to evade writ of Swedish bankruptcy court
  • “The equitable and orderly distribution of a debtor’s property requires assembling all claims against the limited assets in a single proceeding; if all creditors could not be bound, a plan of reorganization would fail.”

Source: CourtListener parenthetical corpus (CC0).

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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.