H-19-3595

Case Name
HFOTCO LLC v. Zenia Ene et al
Case Summary

Comity. Foreign debtor sought comity of German insolvency proceedings and dismissal of action without first filing a chapter 15 case. The court denied the relief holding that recognition of the foreign proceeding in a chapter 15 is a "prerequisite" and the "only mechanism" for obtaining comity with respect to foreign insolvency proceedings. Granting comity of foreign insolvency proceedings without the debtor first obtaining recognition ignores the statutory requirements of chapter 15 (A second issue in case did not seem noteworthy, to wit, that a chapter 15 must be filed to obtain provisional relief under section 1519. It is not included in summaries.)

Filing Date
Judge
Gray H. Miller
Location
Contributor(s)
Name
Joanne Gelfand
Firm
Akerman LLP