Astora Women's Health LLC, Re [2022] EWHC 2412 (Ch) (27 September 2022)

Astora Women's Health LLC, Re [2022] EWHC 2412 (Ch) (27 September 2022)

The Chapter 11 proceedings in respect of Astora Women's Health LLC are collective judicial proceedings under a law relating to insolvency, supervised by the US Bankruptcy Court, for the purpose of reorganisation or liquidation. Mark Thomas Bradley is a duly appointed foreign representative. All procedural and evidential requirements for recognition under the CBIR are satisfied, there are no public policy grounds to refuse recognition, and Astora's centre of main interests is in the United States. The proceedings are therefore recognised as foreign main proceedings under Article 17.

Citation
[2022] EWHC 2412 (Ch)
Parties
Applicant: Mark Thomas Bradley; Debtor: Astora Women's Health LLC
Jurisdiction
England and Wales
Judgment Date
27 September 2022
Procedural Posture
Recognition of Foreign Insolvency Proceedings / Judgment on Application for Recognition Under Cross Border Insolvency Regulations 2006
Outcome
Application granted; Chapter 11 proceedings recognised as foreign main proceedings.
Legal Topics
Recognition of Foreign Main Proceedings, UNCITRAL Model Law, Chapter 11 US Bankruptcy, Stay of Proceedings, Centre of Main Interests (comi)
Insolvency Cross Border Insolvency Company Law Recognition of Foreign Main Proceedings UNCITRAL Model Law Chapter 11 US Bankruptcy Stay of Proceedings Centre of Main Interests (comi)

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Parties

Mark Thomas Bradley

Applicant

Astora Women's Health LLC

Debtor

Procedural Posture

Recognition of Foreign Insolvency Proceedings / Judgment on Application for Recognition Under Cross Border Insolvency Regulations 2006

Legal Issues

  1. 1 Whether Chapter 11 proceedings in respect of Astora Women's Health LLC constitute a 'foreign proceeding' under Article 2(i) of the Model Law as enacted in Great Britain
  2. 2 Whether Mark Thomas Bradley is a 'foreign representative' under Article 2(j)
  3. 3 Whether the requirements of Article 15 for recognition are satisfied

Ratio Decidendi

The Chapter 11 proceedings in respect of Astora Women's Health LLC are collective judicial proceedings under a law relating to insolvency, supervised by the US Bankruptcy Court, for the purpose of reorganisation or liquidation. Mark Thomas Bradley is a duly appointed foreign representative. All procedural and evidential requirements for recognition under the CBIR are satisfied, there are no public policy grounds to refuse recognition, and Astora's centre of main interests is in the United States. The proceedings are therefore recognised as foreign main proceedings under Article 17.

Court Disposition

Application granted; Chapter 11 proceedings recognised as foreign main proceedings.

Orders

  • Recognition of Chapter 11 proceedings in respect of Astora Women's Health LLC as foreign main proceedings under Article 17 of Schedule 1 to the Cross-Border Insolvency Regulations 2006.
  • Order to be enforced in Scotland as if made by the relevant court in Scotland pursuant to regulation 7 of the CBIR.