Legal Opinion
Aerovias De Mexico, S.A. De C v. v. Feltman (In Re Empresa De Transportes Aero Del Peru, S.A.)
District Court, S.D. Florida
Decided June 26, 2001No. 01-610-CIV-JORDANPublishedCited by 4 opinions
1Opinion of the Court
Amended OrdeR Remanding Case
JORDAN, District Judge.
The Bankruptcy Code permits a foreign representative to request the opening of a matter ancillary to a foreign insolvency proceeding. See 11 U.S.C. § 304. A petition under § 304 does not commence a “full” bankruptcy proceeding, but rather “an ancillary case in which a United States bankruptcy court is authorized to apply its processes to give effect to orders entered in a foreign insolvency proceeding.” In re Goerg, 844 F.2d 1562, 1567 (11th Cir.1988).
In this § 304 appeal, Aerovías de Mexico, S.A. de C.V. and White & Case LLP challenge the…
2Cases cited20 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Catlin v. United StatesSupreme Court of the United States · 1945
- Mohamed Abdille v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2001
- Gosa v. MaydenSupreme Court of the United States · 1973
- Robin Joy Shahar v. Michael J. Bowers, Individually and Thurbert E. Baker, in His Official Capacity as Attorney General of the State of GeorgiaCourt of Appeals for the Eleventh Circuit · 1997
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3Cited by4 opinions
- In Re Board of Directors of Multicanal S.A.United States Bankruptcy Court, S.D. New York · 2004
- In Re Board of Directors of Hopewell International InsuranceUnited States Bankruptcy Court, S.D. New York · 2002
- In Re Petition of the Board of Directors of Hopewell International InsuranceUnited States Bankruptcy Court, S.D. New York · 2002
- Turner v. Tri-State Plant Food, Inc. (In re Tri-State Plant Food, Inc.)District Court, M.D. Alabama · 2001