Baha Mar Stirs Uncharted Waters

Law360, New York (October 9, 2015, 12:25 PM EDT) -- On Sept. 15, the Delaware bankruptcy court issued a memorandum decision in the Chapter 11 cases arising from the unfinished Bahamas-based Baha Mar resort, dismissing the Chapter 11 proceedings of all 14 Bahamian debtor entities without prejudice, and maintaining the Chapter 11 case of the sole Delaware debtor entity Northshore Mainland Services Inc.

The court's decision provides an intriguing analysis of several different concepts presented by the complex cross-border situation of dueling U.S. and Bahamian insolvency proceedings — including the standard for invoking federal bankruptcy jurisdiction by a foreign corporate debtor, the "good faith" requirement of a Chapter 11 filing, abstention...

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