In the matter of Astora Women's Health LLC

In the matter of Astora Women's Health LLC

The US Chapter 11 proceedings in respect of Astora Women’s Health LLC are collective judicial proceedings for reorganisation or liquidation, subject to the supervision of the US Bankruptcy Court, and thus constitute a 'foreign proceeding' under the CBIR. Mark Thomas Bradley is a duly authorised foreign representative. There are no public policy grounds to refuse recognition. Astora’s centre of main interests is in the United States, so the proceedings are recognised as foreign main proceedings.

Parties
Applicant: Mark Thomas Bradley; Debtor: Astora Women’s Health LLC
Jurisdiction
England and Wales
Judgment Date
27 September 2022
Procedural Posture
Insolvency Recognition Application / Judgment on Application for Recognition of Foreign Main Proceedings
Outcome
Application granted
Legal Topics
Recognition of Foreign Insolvency Proceedings, UNCITRAL Model Law, Chapter 11 US Bankruptcy, Public Policy Exception, Centre of Main Interests (comi)
Insolvency Cross Border Insolvency Recognition of Foreign Insolvency Proceedings UNCITRAL Model Law Chapter 11 US Bankruptcy Public Policy Exception Centre of Main Interests (comi)

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Parties

Mark Thomas Bradley

Applicant

Astora Women’s Health LLC

Debtor

Procedural Posture

Insolvency Recognition Application / Judgment on Application for Recognition of Foreign Main Proceedings

Legal Issues

  1. 1 Whether the US Chapter 11 proceedings in respect of Astora Women’s Health LLC constitute a 'foreign proceeding' under the Cross-Border Insolvency Regulations 2006 (CBIR)
  2. 2 Whether Mark Thomas Bradley is a 'foreign representative' entitled to seek recognition
  3. 3 Whether there are public policy grounds to refuse recognition

Ratio Decidendi

The US Chapter 11 proceedings in respect of Astora Women’s Health LLC are collective judicial proceedings for reorganisation or liquidation, subject to the supervision of the US Bankruptcy Court, and thus constitute a 'foreign proceeding' under the CBIR. Mark Thomas Bradley is a duly authorised foreign representative. There are no public policy grounds to refuse recognition. Astora’s centre of main interests is in the United States, so the proceedings are recognised as foreign main proceedings.

Court Disposition

Application granted

Orders

  • Recognition of US Chapter 11 proceedings in respect of Astora Women’s Health LLC as foreign main proceedings under the CBIR
  • Order to be enforced in Scotland as if made by the relevant Scottish court