Case Law Update
Circuit Splits and Hot Topics with Bill Rochelle and Friends
Bad Faith Filings in Chapter 15 Can Be Entitled to ‘Foreign Main Recognition,’ BAP Says
The bankruptcy court has no discretion to deny recognition in chapter 15 if the requirements of Section 1517(a) have been met.
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Rochelle’s Rocky Mountain Case Law Update
Hot Topics with Bill Rochelle
Eleventh Circuit Predicted to Split with the Second Circuit on Foreign Recognition
Judge Vaughan explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.
Filing Chapter 15 as a ‘Litigation Tactic’ Didn’t Bar ‘Foreign Main Recognition’
Bankruptcy Judge Garrity didn’t impose a good faith filing requirement onto foreign main recognition of a chapter 15 case.