[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 22-11024 ____________________

In re: TALAL QAIS ABDULMUNEM AL ZAWAWI, Debtor in a Foreign Proceeding. ___________________________________________________

TALAL QAIS ABDULMUNEM AL ZAWAWI, Plaintiff-Appellant, versus COLIN DISS, HANNAH DAVIE, MICHAEL LEEDS, Foreign Representatives, Defendants-Appellees. USCA11 Case: 22-11024 Document: 53-1 Date Filed: 04/03/2024 Page: 2 of 72

2 Opinion of the Court 22-11024

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:21-cv-00894-GAP ____________________

Before LUCK, LAGOA, and TJOFLAT, Circuit Judges. LAGOA, Circuit Judge: Does 11 U.S.C. § 109(a) apply to cases brought under Chap- ter 15 of the Bankruptcy Code? A lot turns on this question because Chapter 15 purports to “provide effective mechanisms for dealing with cases of cross-border insolvency,” 11 U.S.C. § 1501(a), and § 109(a) would significantly restrict the class of persons and entities that could constitute a “debtor” in such cases. The plain text of the Bankruptcy Code provides a clear answer: yes, § 109(a) does apply to Chapter 15 cases. See 11 U.S.C. § 103(a) (stating that Chapter 1 applies to cases under Chapter 15). But when confronted with the question of whether debtor eligibility under Chapter 1 was a pre- requisite to ancillary assistance under the statutory predecessor to Chapter 15, this Court said no. See In re Goerg, 844 F.2d 1562 (11th Cir. 1988). Because we are bound by that decision and understand its reasoning to be sufficiently applicable to the question presented in this case, we are compelled to respond in the same manner to- day. After careful review, and with the benefit of oral argument, we affirm the bankruptcy court’s determination that, under our USCA11 Case: 22-11024 Document: 53-1 Date Filed: 04/03/2024 Page: 3 of 72

22-11024 Opinion of the Court 3

precedent, § 109(a) does not apply to Chapter 15 cases and does not establish a prerequisite for the recognition of a foreign proceeding under § 1517. We reason as follows. I. FACTUAL AND PROCEDURAL HISTORY The appellant in this case is Talal Qais Abdulmunem Al Zawawi (“Al Zawawi”), a citizen of Oman. Al Zawawi owns shares in QAPA Investing Corporation NV (“QAPA”), an entity in- corporated in Curacao that wholly owns several Florida entities. Those Florida entities collectively own around ninety-four million dollars’ worth of real estate in or around Winter Park, Florida. In 2015, Al Zawawi moved to the United Kingdom with his wife, Leila Hammoud, and their children. In 2017, Hammoud pe- titioned for dissolution of marriage in the U.K. As part of that pro- ceeding, Al Zawawi filed a statement of net worth which indicated that, as of April 30, 2017, he owned some assets in the United States. In March 2019, Hammoud obtained a divorce decree and a judgment in her favor for £24,075