In re Barnet: Second Circuit Applies Debtor Eligibility Requirements to Chapter 15 Cases | Practical Law
The US Court of Appeals for the Second Circuit held, in Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), that to seek recognition of a foreign insolvency proceeding under Chapter 15 of the Bankruptcy Code, the debtor eligibility requirements set forth in section 109(a) apply. These requirements provide that a person must have a domicile, residence, place of business or hold property in the US to be a debtor under the Bankruptcy Code.