Legal Opinion
Morning Mist Holdings Ltd. v. Krys
Court of Appeals for the Second Circuit
Decided April 16, 2013No. 11-4376-cvPublishedCited by 68 opinions
1Opinion of the Court
DENNIS JACOBS, Chief Judge:
The question presented is where the debtor in this bankruptcy proceeding had its “center of main interests” within the meaning of Chapter 15 of the Bankruptcy Code (enacted as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005). The answer determines whether the pending foreign bankruptcy proceeding is a “foreign main proceeding,” in which event U.S. proceedings against the debtor are stayed. Morning Mist Holdings Limited and Miguel Lomeli (collectively, “Morning Mist”) appeal from the judgment of the United States District Court for the…
2Cases cited23 opinions
- Nixon v. Warner Communications, Inc.Supreme Court of the United States · 1978
- Lugosch v. Pyramid Co. of OnondagaCourt of Appeals for the Second Circuit · 2006
- Hertz Corp. v. FriendSupreme Court of the United States · 2010
- United States v. AmodeoCourt of Appeals for the Second Circuit · 1995
- Carr v. United StatesSupreme Court of the United States · 2010
18 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Drawbridge Special Opportunities Fund LP v. BarnetCourt of Appeals for the Second Circuit · 2013
- In re Oi Brasil Holdings Coöperatief U.A.United States Bankruptcy Court, S.D. New York · 2017
- In Re: Larisa Ivanovna MarkusCourt of Appeals for the Second Circuit · 2023
- In re Ocean Rig UDW Inc.United States Bankruptcy Court, S.D. New York · 2017
- In re Suntech Power Holdings Co.United States Bankruptcy Court, S.D. New York · 2014
63 more not listed; retrieve them via the Exa API.