Iida v. Kitahara (In Re Iida)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
DUNN, Bankruptcy Judge.
The appeal before us arises in a case under chapter 15 of the Bankruptcy Code, in which a Japanese bankruptcy proceeding has been recognized as a foreign main proceeding. 1 At the heart of this appeal is the question of whether a foreign bankruptcy trustee must obtain an order from a federal or state court in the United States before exercising control over property in the United States owned by the foreign debtor, even though the trustee is not seeking judicial assistance. The bankruptcy court determined that nothing in either the Bankruptcy Code or state law…
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