MATTER OF AXONA INTERN. CREDIT & COMMERCE LTD.

No. 259, Docket 90-5036.

924 F.2d 31 (1991)

In the Matter of AXONA INTERNATIONAL CREDIT & COMMERCE LIMITED (FORMERLY BANCOM INTERNATIONAL LIMITED), Debtor. CHEMICAL BANK, Appellant, v. Albert TOGUT, as Chapter 7 Trustee of Axona International Credit & Commerce Limited, and Michael J. Johnson and Eoghan M. McMillan, as Hong Kong Liquidators of Axona International Credit & Commerce Limited, Appellees.

United States Court of Appeals, Second Circuit.

Decided January 18, 1991.


Attorney(s) appearing for the Case

Henry L. Goodman, New York City (Harold N. Schwinger, Andrew D. Gottfried and William H. Schrag, Zalkin Rodin & Goodman, of counsel), for appellant.

Melvin A. Brosterman, New York City (Daniel H. Golden and Nancy Hirschmann, Strook & Strook & Lavan, of counsel), for appellee Togut.

Mark P. Friedman, New York City (Thomas J. Moloney and Joseph Lamport, Cleary, Gottlieb, Steen & Hamilton, of counsel), for appellees Johnson and McMillan.

Before PRATT, MAHONEY and WALKER, Circuit Judges.


WALKER, Circuit Judge:

As briefed and at oral argument, a principal issue presented was our jurisdiction to hear this appeal and, more specifically, whether and to what extent 11 U.S.C. § 305(c)'s prohibition of review of a bankruptcy court's order to dismiss or suspend a United States bankruptcy proceeding under 11 U.S.C. § 305(a) survived the Supreme Court's decision in Northern Pipeline Construction Co. v. Marathon Pipeline Co.,

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