Andrus v. Digital Fairway Corp., No. 3:08-CV-119-0, 2009 WL 1849981 (N.D. Tex. June 26, 2009)


Date: 
Fri, 06/26/2009 (All day)
Foreign proceeding: 
Potential Canadian proceeding.
Summary: 
District Court denied defendant’s motion to stay commercial litigation in favor of a potential Canadian insolvency proceeding, holding that staying the U.S. litigation was inappropriate in the absence of a chapter 15 petition filed by the foreign representative of the foreign proceeding.
Key Issues: 

- 11 U.S.C. § 362 – automatic stay
- 11 U.S.C. § 1509 – right of direct access ; standing

Circuit: 
5