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IN RE ROSE

No. 04-11829 (PCB).

318 B.R. 771 (2004)

In re Petition of David ROSE, as Director of the Legal Entity Closedown Project for Aviva plc on behalf of London and Scottish Assurance Corporation, Ltd., Edinburgh Assurance Company Limited, The Indemnity Marine Assurance Company Limited, The British & European Reinsurance Company Limited, Commercial Union Assurance Company Limited, General Accident Fire and Life Assurance Corporation Limited, General Accident Reinsurance Company Limited, The New England Reinsurance Company (UK) Limited, The Road Transport & General Insurance Company Limited, The Ulster Marine Insurance Company Limited, Scottish Insurance Corporation Limited, The Yorkshire Insurance Company Limited and The Ocean Marine Insurance Company Limited, Filing Petitioners.

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

December 29, 2004.

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Greene & MacRae L.L.P., New York City, by Peter A. Ivanick, Lynn W. Roberts, for Petitioner and Foreign Representative.

MEMORANDUM DECISION DENYING PERMANENT INJUNCTION

PRUDENCE CARTER BEATTY, Bankruptcy Judge.

This case tests the limits of the "near blank check" flexibility a bankruptcy court has to fashion relief in a case under § 304 of the Bankruptcy Code.1 At issue is whether solvent foreign corporations may obtain nationwide permanent injunctions from this court in order to effectuate a corporate, administrative and financial...

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