§1502 — Title 11 Bankruptcy | U.S. Code

Summary

Defines the key words used in the chapter. Debtor — an entity that is the subject of a foreign proceeding. Establishment — a place where the debtor carries on lasting business activity. Foreign court — an authority that oversees a foreign proceeding. Foreign main proceeding — a proceeding in the country of the debtor’s center of main interests. Foreign nonmain proceeding — a proceeding in a country where the debtor has an establishment. Trustee — includes trustees, debtors in possession, and chapter 9 debtors. Recognition — a court order recognizing a foreign main or nonmain proceeding. “Within the territorial jurisdiction of the United States” — tangible property located in the U.S. and intangible property treated as located there under nonbankruptcy law, including property that can be attached or garnished by U.S. federal or state courts.

Title 11, §1502

Bankruptcy — Source: USLM XML via OLRC

For the purposes of this chapter, the term—

(1)“debtor” means an entity that is the subject of a foreign proceeding;

(2)“establishment” means any place of operations where the debtor carries out a nontransitory economic activity;

(3)“foreign court” means a judicial or other authority competent to control or supervise a foreign proceeding;

(4)“foreign main proceeding” means a foreign proceeding pending in the country where the debtor has the center of its main interests;

(5)“foreign nonmain proceeding” means a foreign proceeding, other than a foreign main proceeding, pending in a country where the debtor has an establishment;

(6)“trustee” includes a trustee, a debtor in possession in a case under any chapter of this title, or a debtor under chapter 9 of this title;

(7)“recognition” means the entry of an order granting recognition of a foreign main proceeding or foreign nonmain proceeding under this chapter; and

(8)“within the territorial jurisdiction of the United States”, when used with reference to property of a debtor, refers to tangible property located within the territory of the United States and intangible property deemed under applicable nonbankruptcy law to be located within that territory, including any property subject to attachment or garnishment that may properly be seized or garnished by an action in a Federal or State court in the United States.

Notes & Related Subsidiaries

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.

§1502 Definitions

Summary

Title 11, §1502

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata