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Message: Venezuela: ConocoPhillips Closer to Seizing CITGO Shares over Massive Award

Atgavy,

The motion by the conditional judgement creditors is puzzling, to say the least. The District Court cannot bypass Delaware law, and you can bet the farm that Venezuela would run to the Chancery Court to protect CITGO. To me, this was a Hail Mary pass, hoping from some creative thinking by Judge Stark. However, the District Court does not have the magic wand the Canadian Superior Courts have that authorizes them to "issue any order approriate under the circusmtances".

The only possibility for a U.S. federal court to do the same is as an equitable relief. However, well-settled law prevents equitable relief when it goes against statutory requirements. In this case, the Delaware statutory requirement is that there must be al least one judgement creditor with a perfected lien for an auction to proceed.

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