Cluster 2191028
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· 22 citation events
across 5 courts.
Showing the 11 strongest citers on record
(one row per citing case, strongest signal kept).
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In re Ace Track Co. (2016)
Even though no bankruptcy estate is created by the commencement of a chapter 15 case, JSC BTA Bank, 434 B.R. at 341 (“commencement of a chapter 15 case does not create an ‘estate’ as that term is used in the Bankruptcy Code”), and while the debtor in a chapter 15 case is not a fiduciary to creditors in the same manner a debtor-in-possession is in chapter 11 cases, recognition brings to bear provisions of the Bankruptcy Code protecting and governing a debtor’s assets within t…
“commencement of a chapter 15 case does not create an ‘estate’ as that term is used in the Bankruptcy Code”
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In Re Fairfield Sentry Ltd. Litigation (2011)
See id. at 344 (“[Jjurisdietion over the debtor may only be exercised on the basis of the assets of the debtor.”); In re Kingscroft Ins.
“[Jjurisdietion over the debtor may only be exercised on the basis of the assets of the debtor.”
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In Re: Al Zawawi (2022)
In re JSC BTA Bank, 434 B.R. 334, 345 (Bankr.
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Hosking v. TPG Capital Management, L.P. (In re Hellas Telecommunications (Luxembourg) II SCA (2015)
Corp.), 980 F.2d 110, 114 (2d Cir. 1992). “[Commencement of a chapter 15 ease does not create an ‘estate’ as that term is used in the Bankruptcy Code.” In re JSC BTA Bank, 434 B.R. 334, 341 (Bankr.S.D.N.Y.2010).
In re JSC BTA Bank, 434 B.R. 334, 341 (Bankr.S.D.N.Y. 2010).
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Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC (In re Bernard L. Madoff … (2012)
In Chapter 11 cases, the automatic stay must prohibit litigation to ob tain possession or control of the estate’s property “regardless of where such litigation is commenced.” In re JSC BTA Bank, 434 B.R. 334, 345 (Bankr.S.D.N.Y.2010).
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In Re Daewoo Logistics Corp. (2011)
Section 1504 makes clear that a case commenced under chapter 15 is “ancillary” to a foreign proceeding pending elsewhere, In re JSC BTA Bank, 434 B.R. 334, 340 (Bankr.S.D.N.Y.2010), and that the domestic court granting recognition acts “in aid of the [foreign] main proceeding,” H.R.Rep.
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In Re Fairfield Sentry Ltd. (2011)
United States v. Ron Pair Enters., 489 U.S. 235, 241 , 109 S.Ct. 1026 , 103 L.Ed.2d 290 (1989); see also Ransom v. FIA Card Servs., N.A., — U.S. -, 131 S.Ct. 716, 723 , 178 L.Ed.2d 603 (2011) (“Our interpretation of the Bankruptcy Code starts where all such inquires must begin: with the language of the statute itself.”) (internal quotations omitted); In re JSC BTA Bank, 434 B.R. 334, 340 (Bankr.S.D.N.Y.2010) (“In interpreting the meaning of section 1520(a)(1), the Court is b…
Such assets include not only tangible funds, but also intangible assets, including the Actions themselves, located within the United States. 11 11 U.S.C. § 1502 (8); In *77 re JSC BTA Bank, 434 B.R. 334, 342 (Bankr.S.D.N.Y.2010) (“The phrase ‘within the territorial jurisdiction of the United States,’ ... highlights the in rem nature of jurisdiction in a chapter 15 case and refers to tangible property within the territory of the United States and intangible property deemed un…
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In re Fairfield Sentry Ltd. (2013)
See JSC BTA Bank, 434 B.R. at 342 .
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In re Qimonda AG (2012)
See In re JSC BTA Bank, 434 B.R. 334, 337 (Bankr.S.D.N.Y.2010) (“[T]he Court concludes that the automatic stay does not afford broad anti-suit in-junctive relief to the debtor entity outside the territorial jurisdiction of the United States upon entry of an order of recognition in a chapter 15 case.”) The absence of the creation of an estate results in certain Sections of the Code not being applicable, by their use of the term “estate.” For example, literally read, Section 3…