Legal Opinion
Fogerty v. Petroquest Resources, Inc. (In re Condor Insurance)
Court of Appeals for the Fifth Circuit
Decided March 17, 2010No. 09-60193PublishedCited by 10 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This appeal concerns the jurisdiction of a bankruptcy court to offer avoidance relief under foreign law in a Chapter 15 bankruptcy proceeding. We hold that the bankruptcy court has that authority and reverse the judgment of the district court dismissing for want of jurisdiction.
I
Condor Insurance Ltd., a Nevis corporation, was in the insurance and surety bond business. On November 27, 2006, a creditor filed a winding up petition in Nevis, much like a Chapter 7 proceeding under United States law. The petition was granted and Richard Fogerty and William…
2Cases cited14 opinions
- Andrus v. Glover Construction Co.Supreme Court of the United States · 1980
- Texas Oil & Gas Ass'n v. United States Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 1998
- Vantage Trailers, Inc. v. Beall Corp.Court of Appeals for the Fifth Circuit · 2009
- In Re Atlas Shipping A/SUnited States Bankruptcy Court, S.D. New York · 2009
- In Re Axona International Credit & Commerce Ltd.United States Bankruptcy Court, S.D. New York · 1988
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re Condor Ins. Ltd.Court of Appeals for the Fifth Circuit · 2010
- British American Insurance v. Fullerton (In re British American Insurance)United States Bankruptcy Court, S.D. Florida. · 2013
- In re OAS S.A.United States Bankruptcy Court, S.D. New York · 2015
- Hosking v. TPG Capital Management, L.P. (In re Hellas Telecommunications (Luxembourg) II SCAUnited States Bankruptcy Court, S.D. New York · 2015
- Hosking v. TPG Capital Management, L.P. (In re Hellas Telecommunications (Luxembourg) II SCAUnited States Bankruptcy Court, S.D. New York · 2015
5 more not listed; retrieve them via the Exa API.