US Bankruptcy Court Refuses to Defer to Law of Foreign Main Proceeding | White & Case LLP International Law Firm, Global Law Practice
US Bankruptcy Court Refuses to Defer to Law of Foreign Main Proceeding

US Bankruptcy Court Refuses to Defer to Law of Foreign Main Proceeding

Evan Hollander and Richard Graham examine a US Bankruptcy Court's denial of a request by an insolvency administrator in a German foreign main proceeding to grant relief in deference to German insolvency law on the basis that such relief would be 'manifestly contrary to the public policy of the United States'. Specifically, the Qimonda court declined to allow the insolvency administrator's rejection of US patent licenses to be treated as a termination of the licensees' rights, the result that the administrator believed would obtain under German law.

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