11 U.S.C. § 1508
Interpretation
In interpreting this chapter, the court shall consider its international origin, and the need to promote an application of this chapter that is consistent with the application of similar statutes adopted by foreign jurisdictions.
Notes of Decisions
Cited in 46
cases (2 in the last 5 years), 2006–2025 · leading case: In Re Tri-Cont'l Exch. Ltd., 349 B.R. 627 (Bankr. E.D. Cal. 2006).
In Re Tri-Cont'l Exch. Ltd., 349 B.R. 627 (Bankr. E.D. Cal. 2006). “11 U.S.C. § 1508 ; H.R.Rep. No. 109-31, at 109-10.”
In re Oi Brasil Holdings Coöperatief U.A., 578 B.R. 169 (Bankr. S.D.N.Y. 2017). “” 11 US.C. § 1508. “As each section of Chapter 15 is based on a corresponding article in the Model Law, if a textual provision of Chapter 15 is unclear or ambiguous, the Court may then consider the Model Law and foreign interpretations of it as part of its ‘interpretive task.”
Ad Hoc Grp. of Vitro Noteholders v. Vitro S.A.B. De C.V., 701 F.3d 1031 (5th Cir. 2012). “” 11 U.S.C. § 1508 . Comity considerations are explicitly included in the introduction to § 1507, and § 1509(b)(3) further provides that our courts “shall grant comity or cooperation to the foreign representative” of a foreign proceeding.”
Morning Mist Holdings Ltd. v. Krys, 714 F.3d 127 (2d Cir. 2013). “” 11 U.S.C. § 1508 . The legislative history accompanying the passage of Chapter 15 recommends the Guide to Enactment of the Model Law, promulgated by UNCITRAL, “for guidance as to the meaning and purpose of [the Model Law’s] provisions.”
Esther Yang v. Dongwon Indus. Co., 876 F.3d 996 (9th Cir. 2017). “2010) (quoting 11 U.S.C. § 1508 ). Here, in contrast, the Convention Treaty was not drafted by the United Nations commission that issued the 2006 recommendation, and its recommendation has never been implemented by Congress.”
In Re Int'l Banking Corp. B.S.C., 439 B.R. 614 (Bankr. S.D.N.Y. 2010). “” 11 U.S.C. § 1508 . “As each section of Chapter 15 is based on a corresponding article in the Model Law, if a textual provision of Chapter 15 is unclear or ambiguous, the Court may then consider the Model Law and foreign interpretations of it as part of its ‘interpretive task.”
In Re Oas S.A., 533 B.R. 83 (Bankr. S.D.N.Y. 2015). “” 11 U.S.C. § 1508 . “As each section of Chapter 15 is based on a corresponding article in the Model Law, if a textual provision of Chapter 15 is unclear or ambiguous, the Court may then consider the Model Law and foreign interpretations of it as part of its ‘interpretive task.”
In re Ocean Rig UDW Inc., 570 B.R. 687 (Bankr. S.D.N.Y. 2017). “” 11 U.S.C. § 1508 . It is therefore appropriate for U.”
In Re SPhinX, Ltd., 351 B.R. 103 (Bankr. S.D.N.Y. 2006). “” 11 U.S.C. § 1508 . See also 11 U.S.C. § 1501 (a) (noting chapter 15’s incorporation of the Model Law).”
Lavie v. Ran (In Re Ran), 607 F.3d 1017 (5th Cir. 2010). “” 11 U.S.C. § 1508 ; see also House Report on the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, H.”
In Re Bear Stearns High-Grade Structured Credit Strategies Master Fund, Ltd., 374 B.R. 122 (Bankr. S.D.N.Y. 2007). “” 11 U.S.C. § 1508 ; In re SPhinX, Ltd., 351 B.”
In re Serviços de Petróleo Constellation S.A., 600 B.R. 237 (Bankr. S.D.N.Y. 2019). “As this Court stated in Ocean Rig , because section 1508 of the Bankruptcy Code directs a court interpreting chapter 15 to "consider its international origin, and the need to promote application of this chapter that is consistent with the application of similar statutes adopted…”
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