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Jeffrey L. Hartman, Esq., #1607
HARTMAN & HARTMAN
510 West Plumb Lane, Suite B
Reno, Nevada 89509
Telephone: (775) 324-2800
Facsimile: (775) 324-1818
E-mail: notices@bankruptcyreno.com
Attorney for Patrick Canet,
Judicial Liquidator
UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEVADA
IN RE:
Gholam Reza Jazi Zandian
Debtor in a Foreign Proceeding.
CASE NO. BK-N-16-50644-BTB
CHAPTER 15
VERIFIED PETITION FOR RECOGNITION AND CHAPTER 15 RELIEF
Hearing Date: June 23, 2016
Hearing Time: 10:00 a.m.
Patrick Canet (“Mr. Canet”), in his capacity as foreign representative (“Foreign Representative”) of the above captioned debtor, Gholam Reza Jazi Zandian (“Zandian” or “Debtor”), with liquidation proceedings in Paris, France, respectfully submits this petition (“Petition”) seeking entry of an order granting (a) recognition by this Court of the Foreign Representative as the Debtor’s foreign representative as that term is defined in 11 U.S.C. § 101(24), and (b) recognition of the French proceeding as a foreign main proceeding (“Foreign Proceeding”) pursuant to 11 U.S.C. §§ 1515, 1517 and 1520.
Preliminary Statement
1. In 1993, Mr. Canet was appointed by the Commercial Court of Pontoise in Paris, France (“French Court”), as the representative and, subsequently, the judicial liquidator for the benefit of creditors in a proceeding involving COMPUTER WORLD, formerly known as CEPAT, case no. 989252.
2. Zandian is an Iranian citizen residing in Paris, France and, at the relevant time, was the chairman and general manager of COMPUTER WORLD, as well as a 48%
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shareholder of that company.
3. Mr. Canet initiated proceedings against Zandian and in April 1998, judgment was entered against Zandian in the amount of 20,000,000 francs. The judgment was not appealed and is enforceable. In connection with these proceedings against Zandian, the French Court established the date of October 3, 1996 as the date of Zandian’s insolvency.
Certified copies of the Judgment in French and translated to English are attached as Exhibits A and B, respectively.
4. Mr. Canet has determined that Zandian owns assets in the State of Nevada and by this Petition, requests recognition of the Foreign Proceeding and the attendant benefits resulting from recognition, including but not limited to the stay of any and all enforcement actions against Zandian and any of his assets in the United States.
Jurisdiction
5. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334 and 157.
6. This case is properly commenced under §§ 1504 and 1515.
7. Venue is proper pursuant to 28 U.S.C. § 1410(1) and 1410(3).
8. The statutory bases for relief are 11 U.S.C. § 1501, 1504, 1515, 1517, 1519,1520 and 1521.
Basis For Relief
9. Section 1501(c)(2) limits chapter 15 relief to individuals whose debts exceed the debt limitations in § 109(e), i.e., individuals with regular income, with unsecured debts not exceeding $383,175 and secured debts not exceeding $1,149,525. Zandians’s debts exceed the limitations in § 109(e).
10. Section 101(23) defines a foreign proceeding as:
The term “foreign proceeding” means a collective judicial or administrative proceeding in a foreign country, including an interim proceeding, under a law relating to insolvency or adjustment of debt in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation.
11. As demonstrated in Exhibit B, the foreign proceeding was commenced under
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French bankruptcy law in bankruptcy proceedings in the French Court, originally for COMPUTER WORLD and in subsequent liquidation proceedings against Zandian.
12. Mr. Canet is the Foreign Representative as that term is defined in § 101(24):
The term “foreign representative” means a person or body, including a person or body appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of such foreign proceeding.
Exhibit B.
13. The French proceeding is a “foreign main proceeding” as that term is defined in § 1517(b).
Request For Recognition
14. Section 1515 sets forth the requirements for the granting of recognition as requested herein. Exhibit B, which is the English translation of the French Court Judgment against Zandian, also includes the history of the matter including the appointment of Mr. Canet as the liquidator for Zandian.
Conclusion
15. The Foreign Representative submits that the Petition satisfies the requirements for recognition of the French proceeding as a foreign main proceeding and Mr. Canet as Zandian’s Foreign Representative.
Notice
16. The Foreign Representative will provide notice of this Petition pursuant to F.R.Bankr.P. 1011(b) and 2002(q), to: the Office of the United States Trustee; the Debtor, any known creditor of the Debtor in the United States for whom the Foreign Representative has an address, any entity against which provisional relief is sought and any additional party-in-interest as may be specified by the Court.
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WHEREFORE, the Foreign Representative requests an order granting this Petition and for such other and further relief as is just and proper.
DATED: May 26, 2016.
HARTMAN & HARTMAN
/S/ Jeffrey L. Hartman
Jeffrey L. Hartman, Esq.
Attorney for Patrick Canet,
Foreign Representative
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