IN RE FAIRFIELD SENTRY LTD.

Docket No. 11-4376.

714 F.3d 127 (2013)

In the Matter of FAIRFIELD SENTRY LIMITED, Debtor, Morning Mist Holdings Limited, Miguel Lomeli, Appellants, v. Kenneth Krys, Christopher Stride, Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 16, 2013.


Attorney(s) appearing for the Case

Robert A. Wallner , Milberg LLP, New York, NY ( Kent A. Bronson , on the brief; Stephen A. Weiss , Seeger Weiss LLP, New York, NY, on the brief), for Appellants.

David J. Molton , Brown Rudnick LLP, New York, NY ( Daniel J. Saval , May Orenstein , Kerry L. Quinn , on the brief), for Appellees.

Before: JACOBS, Chief Judge, WINTER, Circuit Judge, SWAIN, District Judge.


DENNIS JACOBS, Chief Judge:

The question presented is where the debtor in this bankruptcy proceeding had its "center of main interests" within the meaning of Chapter 15 of the Bankruptcy Code (enacted as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005). The answer determines whether the pending foreign bankruptcy proceeding is a "foreign main proceeding," in which event U.S. proceedings against the debtor are stayed. Morning Mist Holdings...

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