Aquino (Trustee), in the matter of McGowan (Bankrupt) v McGowan [2020] FCA 221

FEDERAL COURT OF AUSTRALIA

Aquino (Trustee), in the matter of McGowan (Bankrupt) v McGowan [2020] FCA 221 File number: NSD 595 of 2019

Judge: MARKOVIC J

Date of judgment: 3 March 2020

Catchwords: BANKRUPTCY – application for recognition of a foreign proceeding as a foreign 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 (Model Law) –US bankruptcy proceeding – where individual debtor's centre of main interests and habitual residence is the US – recognition of US bankruptcy proceeding as foreign main proceeding BANKRUPTCY – ancillary relief sought under Art 21 of the Model Law – order made that there be a moratoria on proceedings against the debtor or any of his assets, a stay on enforcement of judgments or orders, and suspension of dealings in his property – order made that the administration and realisation of the debtor's assets located in Australia be entrusted to the Trustee's Australian representatives – order made that all powers normally available to a trustee in bankruptcy under the Bankruptcy Act 1966 (Cth) be made available to the Trustee's Australian representatives

Legislation: Bankruptcy Act 1966 (Cth) ss 120, 121, 122 Bankruptcy Code 11 USC §§ 546(a), 548, 549(d) Conveyancing Act 1919 (NSW) s 37A Cross-Border Insolvency Act 2008 (Cth) ss 6, 8, 10, 11, 13, 17, Sch 1 Federal Court (Bankruptcy) Rules 2016 (Cth) r 14.03 Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law Arts 2(a), 2(d), 4, 11, 15, 16, 17, 21(1)(e), 21(1)(g), 22