In re Oi Brasil Holdings Coöperatief U.A. (2017)
green
· 110 citation events
across 5 courts.
Showing the 39 strongest citers on record
(one row per citing case, strongest signal kept).
Treatment trajectory · 2018 → 2026 · click a year to view the case as of then
201820222026
Sort:
By significance ·
Most recent
green
Oi S.A. and Antonio Reinaldo Rabelo Filho (2025)
Id. at 197 (“While the Movants look to Section 1517(a) to lobby for a de novo COMI determination, it is Section 1517(d) that most directly applies to this situation.”).
“While the Movants look to Section 1517(a) to lobby for a de novo COMI determination, it is Section 1517(d) that most directly applies to this situation.”
“Creditor expectations can be evaluated through examination of the public documents and information available to guide creditor understanding of the nature and risks of their investments.” In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 228 (Bankr.
green
In re Serviços de Petróleo Constellation S.A. (2019)
In re Oi Brasil , 578 B.R. at 216 (explaining that no issues of deference or comity arise in countries that have not adopted the Model Law, including Brazil).
explaining that no issues of deference or comity arise in countries that have not adopted the Model Law, including Brazil
green
Iovate Health Sciences International Inc. and Iovate Health Sciences International Inc. (2025)
The expectations of creditors can be assessed through examination of the public documents and information available to guide creditor understanding of the nature and risks of their investments.” In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 228 (Bankr.
green
Giftcraft Ltd. and KPMG Inc. (2025)
The expectations of creditors can be assessed through examination of the public documents and information available to guide creditor understanding of the nature and risks of their investments.” In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 228 (Bankr.
green
Modern Land (China) Co., Limited and Zhang Peng (2022)
Brief ¶ 11.) When determining a Debtor’s COMI, “creditor expectations can be evaluated through examination of the public documents and information available to guide creditor understanding of the nature and risks of their investments.” In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 228 (Bankr.
green
Modern Land (China) Co., Limited and Zhang Peng (2022)
Brief ¶ 11.) When determining a Debtor’s COMI, “creditor expectations can be evaluated through examination of the public documents and information available to guide creditor understanding of the nature and risks of their investments.” In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 228 (Bankr.
green
In re: Prince Global Holdings Limited et al (2026)
The expectations of creditors can be assessed through examination of the public documents and information available to “guide creditor understanding of the nature and risks of their investments.” In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 228 (Bankr.
green
In re: ARD FINANCE, S.A. (2026)
The expectations of creditors can be assessed through examination of the public documents and information available to guide creditor understanding of the nature and risks of their investments.” In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 228 (Bankr.
green
Culligan Ltd. and Michael Morrison (2021)
S.D.N.Y. 2007) (hereinafter Bear Stearns I), aff'd, 389 B.R. 325 (S.D.N.Y. 2008) (hereinafter Bear Stearns II) (“[T]he recognition must be coded as either main or nonmain.”); In re Oi Brasil Holdings Cooperatief U.S., 578 B.R. 169, 194 (Bankr.
The court in In re Oi Brasil Holdings further explained that the recognition decision is one of the few pieces of the chapter 15 process in which courts are not to be guided by the general principles of comity, since the text of the statute “provides the standard for a court’s determination” and therefore “comity does not enter the equation.” In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 213 (Bankr.
green
In re: Sasha Delores Veal (2026)
Furthermore, in addition to those reasons stated above, dismissal is also warranted under 11 U.S.C. § 105 (a) to prevent an abuse of process. . . . . [Section] 105(a) provides that “[n]o provision of this title shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process.” 11 U.S.C. § 105 ; see also In re Oi Brasil Holdings Coo…
“Section 105(a) is understood as providing courts with discretion to accommodate the unique facts of a case consistent with policies and directives set by the other applicable substantive provisions of the Bankruptcy Code.”
green
In re: Nataniel Torres (2026)
Furthermore, this Court has previously observed that Section 349(a) is not the sole source of statutory authority for dismissal when cases arise that pose an abuse of the bankruptcy process: In addition to the express authority to dismiss a case for cause provided under Section 349, Section 105(a) provides that “[n]o provision of this title shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to enf…
“Section 105(a) is understood as providing courts with discretion to accommodate the unique facts of a case consistent with policies and directives set by the other applicable substantive provisions of the Bankruptcy Code.”
green
Eugene Wojnilo (2025)
This Court has observed that Section 349(a) is not the sole source of statutory authority for dismissal when cases arise that manifestly threaten an abuse of the bankruptcy process: In addition to the express authority to dismiss a case for cause provided under Section 349, Section 105(a) provides that “[n]o provision of this title shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to enforce or i…
“Section 105(a) is understood as providing courts with discretion to accommodate the unique facts of a case consistent with policies and directives set by the other applicable substantive provisions of the Bankruptcy Code.”
green
J Graham Zahoruiko (2024)
Furthermore, this Court has previously observed that Section 349(a) is not the sole source of statutory authority for dismissal when cases arise that threaten an abuse of the bankruptcy process: In addition to the express authority to dismiss a case for cause provided under Section 349, Section 105(a) provides that “[n]o provision of this title shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to…
“Section 105(a) is understood as providing courts with discretion to accommodate the unique facts of a case consistent with policies and directives set by the other applicable substantive provisions of the Bankruptcy Code.”
In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. at 197 (emphasis added).
emphasis added
green
Christine Marie Morello (2021)
Sommers eds., 16th ed.) (citing In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 201 (Bankr.
green
Marlene Karen Russbach-Esposito (2021)
Sommers eds., 16th ed.) (citing In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 201 (Bankr.
green
Culligan Ltd. and Michael Morrison (2021)
S.D.N.Y. 2007) (hereinafter Bear Stearns I), aff'd, 389 B.R. 325 (S.D.N.Y. 2008) (hereinafter Bear Stearns II) (“[T]he recognition must be coded as either main or nonmain.”); In re Oi Brasil Holdings Cooperatief U.S., 578 B.R. 169, 194 (Bankr.
green
PT Bakrie Telecom Tbk (2021)
S.D.N.Y. 2013) (holding Section 1517(a) imposes a mandatory requirement for recognition when its requirements have been met); In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 194 (Bankr.
green
Sylvester Traylor (2021)
In addition to the express authority to dismiss a case for cause provided under Section 349, Section 105(a) provides that “[n]o provision of this title shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process.” 11 U.S.C. § 105 ; see also In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 201 (Bankr.
“Section 105(a) is understood as providing courts with discretion to accommodate the unique facts of a case consistent with policies and directives set by the other applicable substantive provisions of the Bankruptcy Code.”
green
Johnny Ray Moore (2020)
Sommers eds., 16th ed.) (citing In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 201 (Bankr.
green
In Re: Oi Brasil Holdings Cooperatief U.A. (2020)
In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 185 (Bankr.
green
In Re: Oi S.A. (2020)
In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 185 (Bankr.
green
Myriam Othello (2020)
Sommers eds., 16th ed.) (citing In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 201 (Bankr.
green
Marjorie Partch (2020)
Sommers eds., 16th ed.) (citing In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 201 (Bankr.
green
Marjorie Partch (2020)
Sommers eds., 16th ed.) (citing In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 201 (Bankr.
green
Jeffrey Perkins (2020)
Sommers eds., 16th ed.) (citing In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 201 (Bankr.
green
Andrew Consiglio (2020)
Sommers eds., 16th ed.) (citing In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 201 (Bankr.
green
In re OI S.A. (2018)
See Objection ¶ 22 n.16.; see also In re Oi Brasil Holdings Cooperatief , 578 B.R. at 203 ("Chapter 15 maintains, and in some respects enhances, the 'maximum flexibility' of bankruptcy courts in handling ancillary cases in light of principles of international comity and respect for the laws and judgments of other nations."); 11 U.S.C. § 1522 (bankruptcy court may "modify or terminate" relief it has previously granted); In re SPhinX , 351 B.R. at 112 ("This flexibility is evi…
"Chapter 15 maintains, and in some respects enhances, the 'maximum flexibility' of bankruptcy courts in handling ancillary cases in light of principles of international comity and respect for the laws and judgments of other nations."
See In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169 , 203 n.15 (Bankr.
green
Foreign Economic Industrial Bank Limited, \Vn and State Corporation \"Deposit Insurance Agency&q" (2019)
See In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169 , 203 n.15 (Bankr.
green
In re B.C.I. Finances Pty Ltd. (2018)
DISCUSSION "Chapter 15 and the Model Law are designed to optimize disposition of international insolvencies by facilitating appropriate access to the court system of a host country (the United States, in the case of Chapter 15) by a representative of an insolvency proceeding pending in a foreign country." In re Bear Stearns High-Grade Structured Credit Strategies Master Fund, Ltd. , 389 B.R. 325 , 333 (S.D.N.Y. 2008) (citing 11 U.S.C. § 1521 ); see In re Oi Brasil Holdings C…
stated purpose of Chapter 15 includes efficient administration of cross-border insolvencies that protects the interests of all creditors and other interested parties and maximizes a debtor's assets
green
In re: Asbestos Corporation Ltd. (2025)
See In re Oi Brasil Holdings Cooperatief U.A, 578 B.R. 169, 228 (Bankr.
in setting the bounds for an examination of creditor expectations, the court said that expectations should “be evaluated through examination of the public documents and information available to guide creditor understanding of the nature and risks of their investments”
green
In re: Asbestos Corporation Ltd. (2025)
See In re Oi Brasil Holdings Cooperatief U.A, 578 B.R. 169, 228 (Bankr.
in setting the bounds for an examination of creditor expectations, the court said that expectations should “be evaluated through examination of the public documents and information available to guide creditor understanding of the nature and risks of their investments”
green
Carolina Llangari-Pico (2020)
See 2 Collier on Bankruptcy, ¶105.01[2] (16th ed. 2020) (citing In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 201 (Bankr.
green
Ronald E. Massie (2020)
See 2 Collier on Bankruptcy, ¶ 105.01[2] (16th ed. 2020) (citing In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169, 201 (Bankr.
green
Olinda Star Ltd and Eleanor Fisher (2020)
See id. (citing In re Oi Brasil Holdings Cooperatief U.A., 578 B.R. 169 , 228–32 (Bankr.
reviewing offering memorandum to establish noteholder expectations as part of a COMI analysis
See In re Oi Brasil Holdings Cooperatief U.A. , 578 B.R. 169 , 193 (Bankr.