Legal Opinion

In Re Tri-Continental Exchange Ltd.

United States Bankruptcy Court, E.D. California

Decided September 11, 2006No. 19-20513PublishedCited by 51 opinions

1Opinion of the Court

MEMORANDUM DECISION REGARDING RECOGNITION OF FOREIGN MAIN PROCEEDING

CHRISTOPHER M. KLEIN, Bankruptcy Judge.

This memorandum decision supplements and revises this court’s rulings that were made orally on the record at the time of hearing.

A creditor contends these joint liquidations under the laws of St. Vincent and the Grenadines (“SVG”) should be recognized as foreign “nonmain,” as opposed to “main,” proceedings under 11 U.S.C. §§ 1502(4)-(5). The answer turns on the situs of the chapter 15 debtors’ “center of main interests,” which term is not defined and requires a fact-based inquiry in…

2Cited by51 opinions

  1. In Re Bear Stearns High-Grade Structured Credit Strategies Master Fund, Ltd.District Court, S.D. New York · 2008
  2. In Re Atlas Shipping A/SUnited States Bankruptcy Court, S.D. New York · 2009
  3. Morning Mist Holdings Ltd. v. KrysCourt of Appeals for the Second Circuit · 2013
  4. Lavie v. Ran (In Re Ran)Court of Appeals for the Fifth Circuit · 2010
  5. Ad Hoc Group of Vitro Noteholders v. Vitro S.A.B. De C.V.Court of Appeals for the Fifth Circuit · 2012

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