§1520 — Title 11 Bankruptcy | U.S. Code

Summary

When a U.S. court recognizes a foreign main proceeding, sections 361 and 362 apply to the debtor and its U.S. property. Sections 363, 549, and 552 apply to transfers and let the foreign representative run the business and use trustee powers unless the court orders otherwise. This does not stop suing abroad to preserve a claim or filing a U.S. bankruptcy case or claims.

Title 11, §1520

Bankruptcy — Source: USLM XML via OLRC

(a)Upon recognition of a foreign proceeding that is a foreign main proceeding—

(1)section 361 and 362 apply with respect to the debtor and the property of the debtor that is within the territorial jurisdiction of the United States;

(2)section 363, 549, and 552 apply to a transfer of an interest of the debtor in property that is within the territorial jurisdiction of the United States to the same extent that the sections would apply to property of an estate;

(3)unless the court orders otherwise, the foreign representative may operate the debtor’s business and may exercise the rights and powers of a trustee under and to the extent provided by section 363 and 552; and

(4)section 552 applies to property of the debtor that is within the territorial jurisdiction of the United States.

(b)Subsection (a) does not affect the right to commence an individual action or proceeding in a foreign country to the extent necessary to preserve a claim against the debtor.

(c)Subsection (a) does not affect the right of a foreign representative or an entity to file a petition commencing a case under this title or the right of any party to file claims or take other proper actions in such a case.

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.

§1520 Effects of recognition of a foreign main proceeding

Summary

Title 11, §1520

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata