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IN RE MAXWELL COMMUNICATION CORP. PLC

Bankruptcy No. 91B 15741. Adv. Nos. 92-1181A, 93-9622A and 94-8066A.

170 B.R. 800 (1994)

In re MAXWELL COMMUNICATION CORPORATION plc, et al., Debtors. MAXWELL COMMUNICATION CORPORATION plc, by Andrew Mark HOMAN, Colin Graham Bird, Jonathan Guy Anthony Phillips, and Alan Rae Jamieson, its Joint Administrators, Plaintiffs, and Richard A. Gitlin, Examiner, Intervenor Plaintiff, v. BARCLAYS BANK plc, Defendant. MAXWELL COMMUNICATION CORPORATION plc, by Andrew Mark HOMAN, Colin Graham Bird, Jonathan Guy Anthony Phillips, and Alan Rae Dalziel Jamieson, its Joint Administrators, and Richard A. Gitlin, Examiner, Plaintiffs, v. NATIONAL WESTMINSTER BANK plc, Defendant. MAXWELL COMMUNICATION CORPORATION plc, by Andrew Mark HOMAN, Colin Graham Bird, Jonathan Anthony Guy Phillips, and Alan Rae Dalziel Jamieson, its Joint Administrators, Plaintiffs, v. SOCIÉTÉ GÉNÈRALE, Defendant.

United States Bankruptcy Court, S.D. New York.

As Corrected August 10, 1994.

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy by John Gellene, John Jerome and Lisa Turiel, New York City, for the Joint Administrators.

Simpson Thacher & Bartlett by Thomas Rice and Steven Fuhrman, New York City, for Barclays Bank plc.

Davis Polk & Wardwell by Henry King, Karen Wagner and James Rouhandeh, Sullivan & Cromwell by John Dickey, New York City, for National Westminster Bank plc.

White & Case by Jeffrey Barist, Helena Tavares and Jennifer Sheppard, New York City, for Société Génèrale.

Hebb & Gitlin by Evan Flaschen and Ronald Siverman, Hartford, CT, for Richard Gitlin, Examiner.

Jay Lawrence Westbrook, Austin, TX, amicus curiae.

OPINION ON MOTIONS TO DISMISS

TINA L. BROZMAN, Bankruptcy Judge.

When filed, the insolvency case of Maxwell Communications Corporation plc (MCC) was unique, MCC, an English corporation, having filed a chapter 11 petition in this court followed immediately by a petition for administration in the High Court of Justice in London. What was so unusual about this is that both cases were and remained, through each court's approval of a joint plan of reorganization...

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