United States Second Circuit

In a case involving an investor's challenges to a major Argentine telecommunications company's financial restructuring plan, the judgment is affirmed where the bankruptcy court did not abuse its discretion in: 1) confirming a petition recognizing the restructuring plan and extending comity to Argentine legal proceedings based on its finding that those proceedings did not violate U.S. public policy considerations manifested in the Trust Indenture Act of 1939, the best interests of the creditor test, or the good-faith requirement provided for in the Bankruptcy Code; nor 2) denying additional discovery or expert testimony in light of the reasonably sufficient testimonial and documentary evidence from both parties.

Appellate Information

• Decided 05/29/2008
• Published 05/29/2008

Judges

• SOTOMAYOR, Circuit Judge:, Before:  SOTOMAYOR and LIVINGSTON, Circuit Judges, and CARMAN, Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael M. Fay (David S. Rosner, Kim Conroy, on the brief), Kasowitz, Benson, Torres & Friedman LLP, New York, NY, for appellant.


• For Appellees:
  
• Karen E. Wagner (Jordan Leigh Santeramo, on the brief), Davis Polk & Wardwell, New York, NY, for appellee.