Issue link: https://mbozikis.ufcontent.com/i/1422521
228 recognition to produce evidence of the location of the debtor's COMI even in the absence of any opposition to the request for recognition rather than permitting bare reliance on the presumption. See, e.g., In re Bear Stearns, 374 B.R. at 127–31; In re Basis Yield Alpha Fund (Master), 381 B.R. 37 (Bankr. S.D.N.Y. 2008). In the absence of explicit direction from the Bankruptcy Code, the bankruptcy courts look to a series of factors to aid in the determination of a debtor's COMI. These factors include the locations of the debtor's headquarters, managers, primary assets and majority of creditors and the jurisdiction whose law would primarily apply. See In re Basis Yield, 381 B.R. at 47 (citing In re SphinX, Ltd., 351 B.R. 103, 117 (Bankr. S.D.N.Y. 2006), aff'd, 371 B.R. 10 (S.D.N.Y. 2007)). Courts have also equated COMI to a company's "principal place of business" under U.S. law. See, e.g., Bear Stearns, 374 B.R. at 129. Even a debtor incorporated in the U.S. may be deemed to have a foreign COMI. In re Karhoo Inc., Case No. 16-13545 (MKV) (Bankr. S.D.N.Y. Feb. 1, 2017) (Delaware corporation's COMI was the United Kingdom where it conducted its main operations in England). The majority view is that the appropriate date at which to determine a debtor's COMI is the date of the filing of the Chapter 15 petition in the U.S. bankruptcy court rather than the date of the filing of the foreign proceeding in the debtor's "home" country. See Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.), 714 F.3d 127, 134-35 (2d Cir. 2013) (recognizing, however, that an examination into whether a foreign debtor manipulated its COMI may be warranted); and see In re O'Reilley, 598 B.R. 784 (W.D. Pa, 2019) (court denied recognition of debtor's Bahamian insolvency proceeding because debtor moved his COMI after commencement of proceedings in the Bahamas but before filing a Chapter 15 petition in the U.S.); Lavie v. Ran (In re Ran), 607 F.3d 1017 (5th Cir. 2010) (holding that a debtor's COMI should be determined on the date the petition for recognition for Chapter 15 was filed); but see In re Millenium Global Emerging Credit Master Fund Ltd., 458 B.R. 63 (Bankr. S.D.N.Y. 2011) (holding that the