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IN RE RHTC LIQUIDATING CO.

No. 09-11492-TPA.

424 B.R. 714 (2010)

In re RHTC LIQUIDATING CO., fka Railpower Hybrid Technologies Corp., fka Railpower Corporation, fka Technologies Hybrides Railpower Corp., Alleged Debtor. RHTC Liquidating Co., f/k/a Railpower Hybrid Technologies Corp., Movant v. Union Pacific Railroad Company, the Forquer Group, Stauffer Diesel Inc. and EFCO, Inc., d/b/a Erie Press Systems, Respondents.

United States Bankruptcy Court, W.D. Pennsylvania.

March 5, 2010.

Attorney(s) appearing for the Case

Lawrence C. Bolla, Esq., Dennis B. Auerbach, Esq., for Petitioning Creditors.

Paul J. Cordaro, Esq., for Monitor.

David W. Ross, Esq., for Alleged Debtor.

MEMORANDUM OPINION

THOMAS P. AGRESTI, Chief Bankruptcy Judge.

The issue currently before the Court is whether this involuntary Chapter 7 case should be dismissed because the Alleged Debtor, RHTC Liquidating Co., f/k/a Railpower Hybrid Technologies Corp. (hereinafter usually referred to as "Railpower U.S.") is already involved in a Canadian bankruptcy proceeding (discussed in more detail below) that has previously been given Chapter 15 recognition...

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