§1509 — Title 11 Bankruptcy | U.S. Code

Summary

A foreign representative may start a case under section 1504 by filing a petition for recognition of a foreign proceeding under section 1515. If a court grants recognition under section 1517, the representative, subject to court limits that follow the chapter’s rules, can sue and be sued in U.S. courts, ask a U.S. court for relief, and receive comity or cooperation (legal respect and help) from U.S. courts. If asking a different U.S. court for comity or cooperation, the representative must include a certified copy of the section 1517 recognition order. If recognition is denied, the court may order steps to stop the representative from getting comity or cooperation in the United States. Whether or not recognition is granted, and subject to sections 306 and 1510, the representative must follow applicable nonbankruptcy law. Not starting a case or failing to get recognition does not take away any right the representative has to sue in a U.S. court to collect or recover a claim that is the property of the debtor.

Title 11, §1509

Bankruptcy — Source: USLM XML via OLRC

(a)A foreign representative may commence a case under section 1504 by filing directly with the court a petition for recognition of a foreign proceeding under section 1515.

(b)If the court grants recognition under section 1517, and subject to any limitations that the court may impose consistent with the policy of this chapter—

(1)the foreign representative has the capacity to sue and be sued in a court in the United States;

(2)the foreign representative may apply directly to a court in the United States for appropriate relief in that court; and

(3)a court in the United States shall grant comity or cooperation to the foreign representative.

(c)A request for comity or cooperation by a foreign representative in a court in the United States other than the court which granted recognition shall be accompanied by a certified copy of an order granting recognition under section 1517.

(d)If the court denies recognition under this chapter, the court may issue any appropriate order necessary to prevent the foreign representative from obtaining comity or cooperation from courts in the United States.

(e)Whether or not the court grants recognition, and subject to section 306 and 1510, a foreign representative is subject to applicable nonbankruptcy law.

(f)Notwithstanding any other provision of this section, the failure of a foreign representative to commence a case or to obtain recognition under this chapter does not affect any right the foreign representative may have to sue in a court in the United States to collect or recover a claim which is the property of the debtor.

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.

§1509 Right of direct access

Summary

Title 11, §1509

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata