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IN RE ABC LEARNING CENTRES LTD.

No. 12-2808.

728 F.3d 301 (2013)

In re ABC LEARNING CENTRES LIMITED, n/k/a ZYX Learning Centres Limited; A.B.C. USA Holdings Pty Ltd, Debtors in Foreign Proceedings RCS Capital Development, LLC, Appellant.

United States Court of Appeals, Third Circuit.

Filed: August 27, 2013.

Attorney(s) appearing for the Case

Carson T.H. Emmons, Esq. , Craig M. LaChance, Esq. [Argued], Daryl M. Williams, Esq. , Baird, Williams & Greer, Phoenix, AZ, Garvan F. McDaniel, Esq. , Bifferato Gentilotti , Wilmington, DE, for Appellant.

Ryan M. Bartley, Esq. , Young, Conaway, Stargatt & Taylor, Wilmington, DE, Howard Seife, Esq. , [Argued], Chadbourne & Parke, New York, NY, for Appellees.

Before: SCIRICA, JORDAN, and ROTH, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

RCS Capital Development LLC appeals from an order of recognition of an Australian insolvency proceeding under Chapter 15 of the Bankruptcy Code, and an order staying actions against the debtor, ABC Learning Centres, and its property in the United States. We must determine whether the Australian insolvency proceeding should be recognized as a foreign main proceeding under Chapter 15 of the Bankruptcy Code, and...

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