Legal Opinion

In Re Rose

United States Bankruptcy Court, S.D. New York

Decided December 29, 2004No. 19-10334Published

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.

P…

2Cases cited12 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  3. K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
  4. In Re Texaco Inc.United States Bankruptcy Court, S.D. New York · 1988
  5. Matter of CulmerUnited States Bankruptcy Court, S.D. New York · 1982

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