20-12192

Case Name
Culligan
Case Summary

Section 1506 does not preclude recognition where the debtor engaged in bad faith.  The public policy exception in section 1506 is narrow and is not met by a finding that a petition under chapter 15 is filed as a litigation strategy or tactic.  Imported caselaw from chapter 11 on bad faith dismissal is insufficient to deny recognition. Nor, will court import a good faith requirement into the determination of a main or nonmain proceeding.

Filing Date
Judge
James Garrity
Location
Contributor(s)
Name
Joanne Gelfand
Firm
Akerman LLP