§1514 — Title 11 Bankruptcy | U.S. Code

Summary

When a bankruptcy case requires telling creditors, the same notice must also be sent to known creditors who have addresses outside the United States. The court can order steps to try to reach creditors whose addresses are not yet known. Notices to foreign creditors should usually be sent to each one, and they do not have to be formal letters. The notice must say the deadline and where to file claims, say whether secured creditors must file, and include any other information the law or the court requires. Courts and rules must give foreign-address creditors extra reasonable time to file claims.

Title 11, §1514

Bankruptcy — Source: USLM XML via OLRC

(a)Whenever in a case under this title notice is to be given to creditors generally or to any class or category of creditors, such notice shall also be given to the known creditors generally, or to creditors in the notified class or category, that do not have addresses in the United States. The court may order that appropriate steps be taken with a view to notifying any creditor whose address is not yet known.

(b)Such notification to creditors with foreign addresses described in subsection (a) shall be given individually, unless the court considers that, under the circumstances, some other form of notification would be more appropriate. No letter or other formality is required.

(c)When a notification of commencement of a case is to be given to foreign creditors, such notification shall—

(1)indicate the time period for filing proofs of claim and specify the place for filing such proofs of claim;

(2)indicate whether secured creditors need to file proofs of claim; and

(3)contain any other information required to be included in such notification to creditors under this title and the orders of the court.

(d)Any rule of procedure or order of the court as to notice or the filing of a proof of claim shall provide such additional time to creditors with foreign addresses as is reasonable under the circumstances.

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.

§1514 Notification to foreign creditors concerning a case under this title

Summary

Title 11, §1514

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata