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Published on 12/15/2010 in the Prospect News Distressed Debt Daily.

Vitro noteholders seek transfer of Chapter 15 case to Texas court

By Caroline Salls

Pittsburgh, Dec. 15 - The Vitro SAB de CV noteholders who filed involuntary Chapter 11 bankruptcy cases against the company's U.S. guarantor subsidiaries have asked that the voluntary Chapter 15 bankruptcy case filed by the parent company on Dec. 14 be transferred from the U.S. Bankruptcy Court for the Southern District of New York to the U.S. Bankruptcy Court for the Northern District of Texas, the venue of the involuntary case, according to a Dec. 14 court filing.

The noteholders also want the Chapter 15 case to be jointly administered with the involuntary case.

According to the motion, bankruptcy law "requires that venue proceed in the district in which the petition first filed by an affiliate of a debtor is pending."

The noteholders said it would be inconvenient and inefficient to allow these cases to proceed separately, as they revolve around the same assets and insolvency issues.

In addition, the noteholders said the Texas court is already familiar with Vitro and the Chapter 11 debtors, and the issues in the Chapter 11 and Chapter 15 cases will overlap.

Vitro is a Nuevo Leon, Mexico-based glass manufacturer. The Chapter 15 case number is 10-16619. The Chapter 11 case number is 10-47470.


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