The filing of an appeal divests a bankruptcy court of jurisdiction over all aspects of the case that are the subject of the appeal.  The Bankruptcy Code defines a "foreign main proceeding" as "a foreign proceeding pending in the country where the debtor has the center of its main interests." 11 U.
The fact that the documents requested by the Liquidators may be stored in an electronic format does not immunize them from discovery, nor does the fact that the documents may have been previously produced in a private investigation to the SEC, considering there is no dispute that they are currently in BCP's possession or control. The Court cannot even consider this argument, however, because BCP has appealed the recognition order. The Liquidators may settle an order on three business days' notice.
On the date of the second extended deadline, January 18, 2012, the Liquidators' counsel received a call from BCP's present law firm, stating that it was replacing prior counsel and requesting an additional two-week extension to respond to the subpoena. became the exclusive `property' of the debtor-in-possession (i.e., i XL) at the moment i XL filed for bankruptcy protection."). Ltd., , 329 (5th Cir.2010), which would militate in favor of granting a foreign representative broad discovery rights using the full scope of Rule 2004. § 304, whose authorization of "other appropriate relief" to a foreign representative was construed to allow for broad discovery.
Evans, Esq., New York, NY, Counsel for BCP Securities, LLC. For the reasons set forth below, the Foreign Representatives' motion is granted, and BCP's motion to vacate the recognition order is denied. 45(a)(1)(A)(iii) (authorizing subpoena commanding non-party to produce designated documents "in that person's possession, custody, or control"); see also United States v. Workers, , 1452 (9th Cir.1989) ("A corporation must produce documents possessed by a subsidiary that the parent corporation owns or wholly controls."). BCP also argues that discovery is improper under the "pending proceeding rule," asserting that the Liquidators are seeking to use the instant discovery in arbitration proceedings pending in the United Kingdom.
The Liquidators of Millennium Global Emerging Credit Master Fund Limited (the "Master Fund") and Millennium Global Emerging Credit Fund Limited (the "Feeder Fund," and together with the Master Fund, the "Funds"), two investment funds undergoing liquidation in Bermuda, have moved for an order compelling production of certain documents by BCP Securities LLC ("BCP"), pursuant to 11 U. BCP has opposed the motion and has also filed its own motion to vacate this Court's order recognizing the Bermuda proceedings. Y.2011) ("section 1521(a)(4), for example, allows for discovery in the United States whether or not a debtor has assets here.").
Next, BCP argues that the Stored Communications Act, 18 U.
§ 2701 et seq., which is part of the Electronic Communications Privacy Act (the "Privacy Act"), bars the requested discovery. The Privacy Act imposes criminal and civil penalties on a person who, inter alia, "intentionally accesses without authorization a facility through which an electronic communication service is provided." 18 U.
Tennessee Chemical Company — Chemical manufacturer.
— Suppliers of natural gas for both consumers and commercial enterprises.
Chapter 15 provides for the recognition of a foreign proceeding and an ancillary proceeding to provide assistance thereto.
After a foreign proceeding is recognized as either a foreign "main" or "nonmain" proceeding, the foreign representative has general access to all courts in the United States.
 It would also appear, in any event, that the appeal could have no effect on the Liquidators' discovery motion because BCP on appeal challenged only this Court's finding that the Bermuda Proceeding should be recognized as a foreign main proceeding.