2015-01-21_GENERAL DOCUMENTS - C1981012 (3)

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i Case: 14- 26132 -EEB Doc #:44 Filed:01/15/15 Entered:01 /15/15 15:02:26 Page2 of 186 under chapter 15 of title 11 of the United States Code (as amended, the '`Bankruptcy Code ") and seeking the entry of an order (i) recognizing the Canadian Proceeding as a "foreign main proceeding ", under section 1517 of the Bankruptcy Code and (ii) giving full force and effect in the United States to the Initial Order, the Claims Procedure Order, and the Meetings Order of the Ontario Court, dated December 3, 2014 and annexed hereto as Exhibits 1, 2 and 3 respectively, including any extensions or amendments thereof authorized by the Ontario Court (together, the "Ontario Orders "). The Court has considered and reviewed the Chapter 15 Petitions and the other pleadings and exhibits submitted by the Monitor in support thereof. No objections were filed to the Chapter 15 Petitions.. After due deliberation and sufficient cause appearing therefore, the Court finds and concludes as follows: (A) this Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334, 11 U.S.C. § 1501; (B) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(P); (C) venue is proper in this District pursuant to 28 U.S.C. § 1410(3); (D) the Monitor is a "person" within the meaning of 11 U.S.C. § 101(41) and is the duly appointed "foreign representative" of the Cline Debtors within the meaning of 11 U.S.C. § 101(24); (E) the cases were properly commenced pursuant to 11 U.S.C. §§ 1504 and 1509, and the Chapter 15 Petitions meet the requirements of 1 I U.S.C. §§ 1504 and 1515; (F) the Canadian Proceeding is a foreign proceeding within the meaning of 11 U.S.C. § 101(23); (G) the Canadian Proceeding is entitled to recognition by this Court pursuant to 11 U.S.C. § 1517; (H) the Canadian Proceeding is pending in Ontario, Canada, where each of the Cline Debtors has its center of main interests within the meaning of 11 U.S.C. § 1502(4), and as such constitutes a "foreign main proceeding" pursuant to 11 U.S.C. § 1502(4) and is entitled to recognition as a foreign main proceeding pursuant to 11 U.S.C. § 1517(b)(1);