Legal Opinion

In Re Steadman

United States Bankruptcy Court, D. New Jersey

Decided September 3, 2009No. 19-11779Published

1Opinion of the Court

OPINION

RAYMOND T. LYONS, Bankruptcy Judge.

INTRODUCTION

The issue is whether chapter 15 of the Bankruptcy Code applies to a foreign national who has a Permanent Resident Card (Green Card) with an expiration date that may be removed. Congress chose to exclude certain individuals from chapter 15 because of local concerns for domestic relations, priority claims, exemptions and the like. See 11 U.S.C. § 1501(c)(2) (2008). This Debtor who has: (1) been granted conditional permanent residency due to his marriage to a United States Citizen; and (2) applied together with his spouse to remove the…

2Cases cited6 opinions

  1. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  2. In Re SPhinX, Ltd.United States Bankruptcy Court, S.D. New York · 2006
  3. In Re Bear Stearns High-Grade Structured Credit Strategies Master Fund, Ltd.United States Bankruptcy Court, S.D. New York · 2007
  4. Choin v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
  5. In Re LoyUnited States Bankruptcy Court, E.D. Virginia · 2007

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