Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kapila (Trustee), in the matter of Edelsten (Bankrupt) (No 2) [2016] FCA 1269 File number: VID 519 of 2014
Judge: BEACH J
Date of judgment: 26 October 2016
Catchwords: BANKRUPTCY – cross-border insolvency – bankruptcy proceedings in the United States of America – facilitating insolvency administration processes of the United States Bankruptcy Court – arts 21 and 22 of the Model Law on Cross-Border Insolvency – order transferring funds to United States of America – replacement of Australian representative – protocol to facilitate claims under ss 120 and 121 of the Bankruptcy Act 1966 (Cth) being dealt with by the Federal Court of Australia – variation to recognition orders – application granted in part – cross application dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 120 and 121 Cross-Border Insolvency Act 2008 (Cth) s 6 Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law arts 21 and 22
Cases cited: Kapila, in the matter of Edelsten (2014) 320 ALR 506; [2014] FCA 1112
Date of hearing: 26 October 2016
Date of publication of reasons: 28 October 2016
Registry: Victoria
Division: General Division
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