Case Name
Zawawi
Case Summary
Section 1517 does not require that a foreign representative seeking recognition of foreign proceedings to demonstrate the foreign debtor satisfies the eligibility requirements of section 109 of the Bankruptcy Code. If section 109 applicable, it makes section last sentence in section 1528 providing for debtor to file another case under Title 11 "only if the debtor has assets" in the U.S. duplicative and superfluous. Applying section 109(a) in chapter 15 also conflicts with the venue statute for cases where a debtor lacks assets in the U.S.
Filing Date
Circuit
Judge
Lori V. Vaughan
Location
Contributor(s)