Suntech Chapter 15: Moving COMI and Establishing Jurisdiction Held Legitimate and Not Improper Manipulation

The United States Bankruptcy Court for the Southern District of New York (Bernstein, J.), following a trial, granted recognition to the Chapter 15 case application filed by the Cayman Joint Provisional Liquidators (“JPLs”) of Suntech Power Holdings Co., Ltd. (“Suntech”), rejecting arguments made by the residual trust of former competitor Solyndra that Suntech manipulated the venue of the case and impermissibly manipulated its Center of Main Interests (“COMI”) in order to qualify for Chapter 15.
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