Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kapila, in the matter of Edelsten [2014] FCA 1112 Citation: Kapila, in the matter of Edelsten [2014] FCA 1112
Parties: IN THE MATTER OF GEOFFREY EDELSTEN; SONEET R KAPILA IN HIS CAPACITY AS TRUSTEE IN BANKRUPTCY FOR THE ESTATE OF GEOFFREY EDELSTEN APPOINTED UNDER CHAPTER 11 OF THE BANKRUPTCY CODE (US) v GEOFFREY EDELSTEN
File number: VID 519 of 2014
Judge: BEACH J
Date of judgment: 10 October 2014
Catchwords: BANKRUPTCY AND INSOLVENCY – cross-border insolvency – US bankruptcy proceeding – application for recognition of foreign proceeding as either a foreign main proceeding or foreign non-main proceeding pursuant to the Cross-Border Insolvency Act 2008 (Cth) and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law (UNCITRAL) – individual debtor's centre of main interest – presumption of "habitual residence" – recognition of US bankruptcy proceeding as foreign non-main proceeding under the Model Law – moratoria orders made under art 21 of the Model Law
Legislation: Bankruptcy Act 1966 (Cth) Bankruptcy Regulations 1996 (Cth) Corporations Act 2001 (Cth) Cross-Border Insolvency Act 2008 (Cth) Family Law Act 1975 (Cth) Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law
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