Title 11BankruptcyRelease 119-73

§1513 Access of foreign creditors to a case under this title

Title 11 › Chapter CHAPTER 15— - ANCILLARY AND OTHER CROSS-BORDER CASES › Subchapter SUBCHAPTER II— - ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO THE COURT › § 1513

Last updated Apr 6, 2026|Official source

Summary

Foreign creditors must have the same right to start and take part in a bankruptcy case as U.S. creditors. That does not change the existing rules about which claims get paid first under sections 507 and 726. A foreign creditor’s claim cannot be placed below a general unsecured claim just because the creditor is foreign. This does not change how claims by foreign governments or other foreign public-law claims are treated. Whether a foreign tax claim or other foreign public-law claim is allowed and what priority it has is decided by any U.S. tax treaty that applies, under the terms of that treaty.

Full Legal Text

Title 11, §1513

Bankruptcy — Source: USLM XML via OLRC

(a)Foreign creditors have the same rights regarding the commencement of, and participation in, a case under this title as domestic creditors.
(b)(1)Subsection (a) does not change or codify present law as to the priority of claims under section 507 or 726, except that the claim of a foreign creditor under those sections shall not be given a lower priority than that of general unsecured claims without priority solely because the holder of such claim is a foreign creditor.
(2)(A)Subsection (a) and paragraph (1) do not change or codify present law as to the allowability of foreign revenue claims or other foreign public law claims in a proceeding under this title.
(B)Allowance and priority as to a foreign tax claim or other foreign public law claim shall be governed by any applicable tax treaty of the United States, under the conditions and circumstances specified therein.

Legislative History

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.

Reference

Citations & Metadata

Citation

11 U.S.C. § 1513

Title 11Bankruptcy

Last Updated

Apr 6, 2026

Release point: 119-73