IN RE BARNET

Docket No. 13-612.

737 F.3d 238 (2013)

In re Katherine Elizabeth BARNET, Drawbridge Special Opportunities Fund LP, Appellant, v. Katherine Elizabeth Barnet, Foreign Representative, William John Fletcher, Foreign Representative, Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 11, 2013.


Attorney(s) appearing for the Case

David F. Heroy ( Jacob Kaplan , Baker & McKenzie LLP, New York, NY; Erin Elizabeth Broderick , Baker & McKenzie LLP, Chicago, IL, on the brief), Baker & McKenzie LLP, New York, NY, for Appellant.

Howard Seife ( Madlyn Gleich Primoff , Kaye Scholer LLP, New York, on the brief), Chadbourne & Parke LLP, New York, NY, for Appellees.

Before: JACOBS, STRAUB, Circuit Judges, and KUNTZ, District Judge.


STRAUB, Circuit Judge:

Drawbridge Special Opportunities Fund LP ("Drawbridge") appeals from a September 6, 2012 order of the United States Bankruptcy Court for the Southern District of New York (Shelley C. Chapman, Bankruptcy Judge) granting recognition of a foreign main proceeding ("Recognition Order"). Because we find that 11 U.S.C. § 109(a) applies to the debtor in a foreign main proceeding under Chapter 15...

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