Procedural Concerns Block Kumtor Gold's Ch. 11 Injunction

Law360 (July 19, 2021, 5:16 PM EDT) -- A New York bankruptcy judge declined Monday to issue a temporary restraining order in the Chapter 11 case of Kumtor Gold Co., saying the target of the order, the nation of Kyrgyzstan, had not been given proper notice of the complaint through which the debtor sought the injunction.

During a virtual hearing, U.S. Bankruptcy Judge Lisa G. Beckerman said the facts weighed in favor of a restraining order against the government of Kyrgyzstan to block it from taking actions in violation of the automatic stay, but she noted the code requires that it be provided notice of the adversary proceeding brought by...

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