ELLIOTT GREENLEAF SUCCESSFUL IN DISMISSING INVOLUNTARY BANKRUPTCY CASE RELATED TO FOUR SEASONS NEVIS RESORT

Elliott Greenleaf successfully represented the Sovereign Government of Nevis, a/k/a the Nevis Island Administration, through the government of Premier Joseph Parry, and the Four Seasons Resort Estates Homeowners Association Ltd. (“Nevis Homeowners Association”) in their efforts to dismiss the involuntary bankruptcy filing advocated by second lien creditors of the Four Seasons Resort in Nevis in the United States Bankruptcy Court for the District of Delaware. Elliott Greenleaf filed a motion to abstain premised on the application of principles of comity and the foreign affairs doctrine in order to allow the insolvency process in Nevis to proceed by foreclosure and “scheme of division” under Nevisian law. The Court proceeded with a contested evidentiary hearing in which evidence was jointly presented for both the motion to dismiss and the motion to abstain. Though Judge Brendan Shannon found the motion to abstain was mooted by his decision to dismiss the case, his decision, rendered from the bench and referenced in the order dismissing the case, was supported in significant part by the testimony of the two witnesses presented in support of the motion to abstain by the Elliott Greenleaf trial team. The Court found the testimony convincing when assessing the effect of the bankruptcy on the best interests of the creditors, a key aspect of the analysis related to the dismissal of an involuntary bankruptcy. The litigation in the Bankruptcy Court is lead by Rafael Zahralddin, Ted Kittila, Shelley Kinsella and Elizabeth France and is related to a litigation pending in the Delaware Court of Chancery in which Elliott Greenleaf is serving as lead counsel for the Nevis Homeowners Association and in which Elliott Greenleaf’s Ted Kittila, Mark A. Kearney and Rafael Zahralddin are leading the Firm’s efforts.