[1]     

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term 1995

, [6]     

Argued May 10, 1996

, [7]      IN RE: MAXWELL COMMUNICATION CORPORATION PLC, BY ANDREW MARK HOMAN, COLIN GRAHAM BIRD, JONATHAN GUY ANTHONY PHILLIPS AND ALAN RAE DALZIEL JAMIESON, ITS JOINT ADMINISTRATORS, " />

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In Re Maxwell Communication Corp., 93 F.3D 1036 (2d Cir. 08/21/1996)

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term 1995

Nos. 1527, 1528, 1529, 1530, 1531

Docket Nos. 95-5076, 95-5078, 95-5082, 95-5084, 95-5086

Decided 1996

93 F.3d 1036, 1996.C02.0000410 <http://www.versuslaw.com>

Argued May 10, 1996

IN RE: MAXWELL COMMUNICATION CORPORATION PLC, BY ANDREW MARK HOMAN, COLIN GRAHAM BIRD, JONATHAN GUY ANTHONY PHILLIPS AND ALAN RAE DALZIEL JAMIESON, ITS JOINT ADMINISTRATORS,

Before: CARDAMONE, ALTIMARI, and PARKER, Circuit Judges

[9]    

Debtor.

MAXWELL COMMUNICATION CORPORATION plc, by Andrew Mark Homan, Colin Graham Bird, Jonathan Guy Anthony Phillips and Alan Rae Dalziel Jamieson, its Joint Administrators,

Plaintiff-Appellant,

RICHARD A. GITLIN, Examiner,

Intervenor-Plaintiff-Appellant, v.

SOCIETE GENERALE, BARCLAYS BANK plc, NATIONAL WESTMINSTER BANK plc,

Defendants-Appellees.

Plaintiff administrators of debtor in Chapter 11 adversary proceedings appeal from an order of the United States District Court for the Southern District of New York (Scheindlin, J.) affirming the dismissal of three adversary complaints against defendant foreign banks by the Bankruptcy Court (Brozman, B.J.) on the grounds that Section(s) 502(d) and 547 of the Bankruptcy Code are inapplicable.

Affirmed.

CARDAMONE, Circuit Judge:

The demise of the late British media magnate Robert Maxwell and that of the corporation bearing his name, the Maxwell Communication Corporation plc, followed a similar and scandalous path, spawning civil and criminal litigation in England and around the world. This case illustrates that some positive consequences have resulted from these parallel demises. From Maxwell's mysterious death, which forced his international corporation into bankruptcy, was born a unique judicial administration of the debtor corporation by parallel and cooperative proceedings in the courts of the United States and England aimed at harmonizing the laws of both countries and also aimed at maximizing the benefits to creditors and the prospects of rehabilitation.

We have before us a small but significant piece of the swirling legal controversy that followed the collapse of Robert Maxwell's media empire. The question to be addressed is whether Maxwell Communication, as a debtor estate in Chapter 11, may recover under American law millions of dollars it transferred to three foreign banks shortly before declaring bankruptcy. It has sought such relief in adversary proceedings in the bankruptcy court under those sections of the United States Bankruptcy Code, 11 U.S.C. Section(s) 101-1330 (1994) (Bankruptcy Code or Code), providing for what is known as "avoidance" of pre-petition transactions. Because, in our view, the doctrine of international comity supports deferring to the courts and laws of England, we affirm the dismissal of the Chapter 11 debtor's complaints.

BACKGROUND

The facts underlying this appeal have been described in the opinions of the bankruptcy court, see Maxwell Communication Corp. v. Barclays Bank plc (In re Maxwell Communication Corp.)


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