Title 11BankruptcyRelease 119-73

§1501 Purpose and scope of application

Title 11 › Chapter CHAPTER 15— - ANCILLARY AND OTHER CROSS-BORDER CASES › § 1501

Last updated Apr 6, 2026|Official source

Summary

Uses the Model Law on Cross‑Border Insolvency to set rules for handling bankruptcies that involve more than one country. It requires U.S. and foreign courts and officials to cooperate. It aims to make trade and investment more certain, to run fair and efficient cross‑border cases that protect creditors and debtors, to protect and raise the value of the debtor’s assets, and to help save struggling businesses and jobs. The rules apply when a foreign court or representative asks for help in the U.S.; when help is sought abroad in a U.S. bankruptcy; when a foreign proceeding and a U.S. case are happening at the same time for the same debtor; or when people in another country want to start or join a U.S. case. The rules do not apply to entities excluded by section 109(b) (except foreign insurance companies), to individuals (or an individual and spouse) with debts within the limits in section 109(e) who are U.S. citizens or lawful permanent residents, or to cases under the Securities Investor Protection Act or special bankruptcy rules for stockbrokers and commodity brokers. Courts may not use these rules to affect deposits, escrows, trust funds, or other security that state insurance law requires or allows for the benefit of U.S. claim holders.

Full Legal Text

Title 11, §1501

Bankruptcy — Source: USLM XML via OLRC

(a)The purpose of this chapter is to incorporate the Model Law on Cross-Border Insolvency so as to provide effective mechanisms for dealing with cases of cross-border insolvency with the objectives of—
(1)cooperation between—
(A)courts of the United States, United States trustees, trustees, examiners, debtors, and debtors in possession; and
(B)the courts and other competent authorities of foreign countries involved in cross-border insolvency cases;
(2)greater legal certainty for trade and investment;
(3)fair and efficient administration of cross-border insolvencies that protects the interests of all creditors, and other interested entities, including the debtor;
(4)protection and maximization of the value of the debtor’s assets; and
(5)facilitation of the rescue of financially troubled businesses, thereby protecting investment and preserving employment.
(b)This chapter applies where—
(1)assistance is sought in the United States by a foreign court or a foreign representative in connection with a foreign proceeding;
(2)assistance is sought in a foreign country in connection with a case under this title;
(3)a foreign proceeding and a case under this title with respect to the same debtor are pending concurrently; or
(4)creditors or other interested persons in a foreign country have an interest in requesting the commencement of, or participating in, a case or proceeding under this title.
(c)This chapter does not apply to—
(1)a proceeding concerning an entity, other than a foreign insurance company, identified by exclusion in section 109(b);
(2)an individual, or to an individual and such individual’s spouse, who have debts within the limits specified in section 109(e) and who are citizens of the United States or aliens lawfully admitted for permanent residence in the United States; or
(3)an entity subject to a proceeding under the Securities Investor Protection Act of 1970, a stockbroker subject to subchapter III of chapter 7 of this title, or a commodity broker subject to subchapter IV of chapter 7 of this title.
(d)The court may not grant relief under this chapter with respect to any deposit, escrow, trust fund, or other security required or permitted under any applicable State insurance law or regulation for the benefit of claim holders in the United States.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Securities Investor Protection Act of 1970, referred to in subsec. (c)(3), is Pub. L. 91–598, Dec. 30, 1970, 84 Stat. 1636, which is classified generally to chapter 2B–1 (§ 78aaa et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78aaa of Title 15 and Tables.

Prior Provisions

A prior section 1501, Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2652, related to applicability of chapter which provided a pilot program for a United States trustee system, prior to repeal by Pub. L. 99–554, title II, § 231, Oct. 27, 1986, 100 Stat. 3103.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such

Effective Date

, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an

Effective Date

of 2005 Amendment note under section 101 of this title.

Reference

Citations & Metadata

Citation

11 U.S.C. § 1501

Title 11Bankruptcy

Last Updated

Apr 6, 2026

Release point: 119-73