Title 11BankruptcyRelease 119-73

§1528 Commencement of a case under this title after recognition of a foreign main proceeding

Title 11 › Chapter CHAPTER 15— - ANCILLARY AND OTHER CROSS-BORDER CASES › Subchapter SUBCHAPTER V— - CONCURRENT PROCEEDINGS › § 1528

Last updated Apr 6, 2026|Official source

Summary

After recognition of a foreign main proceeding, a case under another chapter may start only if the debtor has U.S. assets; it affects only U.S. assets and, for cooperation under 1525–1527, may affect other assets within 541(a) and 1334(e) not controlled by the foreign proceeding.

Full Legal Text

Title 11, §1528

Bankruptcy — Source: USLM XML via OLRC

After recognition of a foreign main proceeding, a case under another chapter of this title may be commenced only if the debtor has assets in the United States. The effects of such case shall be restricted to the assets of the debtor that are within the territorial jurisdiction of the United States and, to the extent necessary to implement cooperation and coordination under section 1525, 1526, and 1527, to other assets of the debtor that are within the jurisdiction of the court under section 541(a) of this title, and 1334(e) of title 28, to the extent that such other assets are not subject to the jurisdiction and control of a foreign proceeding that has been recognized under this chapter.

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. § 1528

Title 11Bankruptcy

Last Updated

Apr 6, 2026

Release point: 119-73