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Regarding 3rd parties who were not subject to the Brazilian expansion order, the bankruptcy court in Petroforte held the trustee might be qualified to wide discovery to the extent the debtor is a bulk shareholder in the non-debtor discovery target.
Section 1106 of the Insolvency Code needs the trustee to file a strategy "as quickly as possible" or, additionally, to file a report describing why a plan will not be filed or to recommend that the situation be transformed to an additional phase or rejected.
But submitting a proof of claim is not essential if the creditor's case is scheduled (however is not noted as challenged, section, or unliquidated by the borrower) because the debtor's routines are deemed to constitute proof of the credibility and amount of those claims.
The court, on movement by an event in interest or the united state trustee and after notification and hearing, will order the visit of a situation trustee for reason, including scams, dishonesty, incompetence, or gross mismanagement, or if such a consultation is in the interest of financial institutions, any equity protection holders, and other interests of the estate.
A situation secondary to a pending insolvency proceeding in a foreign nation is begun by a foreign representative" under phase 15. The international representative has the right of straight access to United States courts for the function of filing an application for recognition of an international case" 11 U.S.C. § § 1504 and 1509.