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ABI Journal

109

Eleventh Circuit Invited to Sit En Banc on Eligibility for Chapter 15 Recognition

For the time being, the Eleventh Circuit has split with the Second Circuit on whether a chapter 15 debtor must have property in the U.S. to gain foreign recognition.

A Foreign Branch of an FDIC-Insured U.S. Bank Is Ineligible for Chapter 15

A foreign branch of a U.S. bank isn’t a foreign bank eligible for chapter 15.

Lack of Financial Distress Doesn’t Divest a Court of Subject Matter Jurisdiction

Two North Carolina Courts have held within two months that the Bankruptcy Clause doesn’t demand ‘financial distress’ to establish subject matter jurisdiction.