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IN RE IIDA

BAP No. HI-07-1006-DKS, Bankruptcy No. 06-00376, Adversary No. 06-90059.

377 B.R. 243 (2007)

In re Katsumi IIDA, Debtor. Katsumi Iida; Masaaki Iida, Appellants, v. Junichi Kitahara; Henry C. Fong; Hibari Hawaii, Inc.; Kalalani KVR, Inc.; Kahala Royal Corp., Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed September 26, 2007.

Attorney(s) appearing for the Case

Keith Kiuchi, Kiuchi & Nakamoto, Honolulu, HI, for Appellants.

Kenneth H. Brown, Pachulski, Stang, Ziehl, et al., San Francisco, CA, for Junichi Kitahara.

Leonard A. Budyonny, Bickerton Lee Dang & Sullivan, Honolulu, HI, for Henry C. Fong, Hibari Hawaii, Inc., Kalalani KVR, Inc., Kahala Royal Corp.

Before DUNN, KLEIN and SMITH, Bankruptcy Judges.

OPINION

DUNN, Bankruptcy Judge.

The appeal before us arises in a case under chapter 15 of the Bankruptcy Code, in which a Japanese bankruptcy proceeding has been recognized as a foreign main proceeding.1 At the heart of this appeal is the question of whether a foreign bankruptcy trustee must obtain an order from a federal or state court in the United States before exercising control...

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