United States Fifth Circuit

In an Israeli bankruptcy receiver's appeal of the district court's denial of his petition for recognition under Chapter 15 of the Bankruptcy Code of an ongoing, involuntary bankruptcy proceeding pending in Israel, the order is affirmed where: 1) it was evident that, when the receiver filed the petition for recognition, the debtor's habitual residence was in Houston, Texas; 2) while sufficient to rebut the presumption that debtor's center of main interest was in the U.S., the receiver's evidence was nevertheless insufficient to prove by a preponderance of the evidence that Israel was the location of debtor-s center of main interests; and 3) at the time the receiver filed his petition for recognition, debtor possessed neither a secondary residence nor place of employment in Israel.

Appellate Information

• Decided 05/28/2010
• Published 05/28/2010

Judges

• CARL E. STEWART, Circuit Judge:, Before STEWART, DENNIS, and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel