In Re Rose
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
MEMORANDUM DECISION DENYING PERMANENT INJUNCTION
PRUDENCE CARTER BEATTY, Bankruptcy Judge.
This case tests the limits of the “near blank check” flexibility a bankruptcy court has to fashion relief in a case under § 304 of the Bankruptcy Code. 1 At issue is whether solvent foreign corporations may obtain nationwide permanent injunctions from this court in order to effectuate a corporate, administrative and financial restructuring unrelated to any foreign insolvency proceeding. For the reasons set forth below the court denies the request as exceeding the scope of the § 304 of the Bankruptcy Code.
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2Cases cited12 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
- In Re Texaco Inc.United States Bankruptcy Court, S.D. New York · 1988
- Matter of CulmerUnited States Bankruptcy Court, S.D. New York · 1982
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