· 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).
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.