19-cv-04946

Case Name
Moyal
Case Summary

Chapter 15 recognition is not a prerequisite to the district court's granting of comity to foreign proceedings on the request of a party other than a foreign representative.  While foreign proceedings are generally an exception to district court's obligation to exercise jurisdiction given them, deference to foreign bankruptcy proceeding is appropriate where the foreign proceedings are procedurally fair and do not contravene public policy.  Comity deemed appropriate and dismissal granted because defendant met burden and showed that the foreign insolvency proceedings are procedurally fair and do not contravene the laws or public policy of the U.S.

Filing Date
Bankruptcy Code
Judge
Stewart D. Aaron
Location
Contributor(s)
Name
Joanne Gelfand
Firm
Akerman LLP
Name
Shirley Palumbo
Firm
NextEra Energy Resources