Archive - July 28, 2011

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Foreign Applicant’s Request for Secret Access to Foreign Debtor’s Emails “Manifestly Contrary” to U.S. Public Policy

Foreign Applicant’s Request for Secret Access to Foreign Debtor’s Emails “Manifestly Contrary” to U.S. Public Policy

In re Toft, No. 11-11049 (ALG), 2011 WL 3023544 (Bankr. S.D.N.Y. July 22, 2011)

In this case, a foreign applicant, Dr. Martin Prager, sought recognition and enforcement of a German court’s “Mail Interception Order” which authorized Prager, as insolvency administrator, to intercept the debtor’s postal and electronic mail.  The court, following its determination that there was a sufficient basis to exercise jurisdiction, denied the application upon finding that the relief requested was manifestly contrary to U.S. public policy.

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