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Noranda Aluminum Holding Dismissal Sought

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According to the U.S. Bankruptcy Court docket, Sherwin Alumina Company filed a motion to dismiss the Chapter 11 case of Noranda Aluminum Holding’s affiliated Debtor Noranda Bauxite Ltd. (NBL).

The motion explains, “NBL’s filing in this District smack of forum shopping. NBL is a Jamaican company that operates the St. Ann bauxite mine in Discovery Bay, Jamaica. It has no facilities or offices in the United States, let alone Missouri….Even worse, NBL filed its Chapter 11 Case in this Court – not out of a good faith need to restructure its business here – but rather to avoid adjudication concerning its supply agreement with Sherwin by the Bankruptcy Court in the Southern District of Texas, where Sherwin had already filed its own chapter 11 case, or in its own home forum of Jamaica. More specifically, Sherwin is NBL’s only non-affiliate customer.”

The motion continues, “Alternatively, this Court can dismiss this case for cause based on forum non convenient grounds and in the interests of international comity. The incontrovertible facts establish that NBL has no nexus to Missouri, and Missouri has no interest in NBL, in general, or the fate of the bauxite Supply Agreement, in particular. Conversely, Jamaica, which is NBL’s place of incorporation and principal place of business, is both available to NBL and perfectly capable of providing NBL with an adequate forum in which to restructure its business.”

Read more Noranda bankruptcy news.

The post Noranda Aluminum Holding Dismissal Sought appeared first on Daily Bankrupt Company Updates | Bankrupt Company News.


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