PRIA, Government Policy, Made Personal

Summary

Defines key terms used in the chapter. Debtor is an entity that is the focus of a foreign proceeding. Establishment is any place where the debtor carries on ongoing business. Foreign court is a judge or other authority that can control or supervise a foreign proceeding. Foreign main proceeding is a foreign case in the country where the debtor’s center of main interests is. Foreign nonmain proceeding is a foreign case in a country where the debtor has an establishment but not its main center. Trustee covers a trustee, a debtor who stays in control during a case, or a debtor under chapter 9. Recognition is a court order that accepts a foreign main or nonmain proceeding under this chapter. Within the territorial jurisdiction of the United States, for a debtor’s property, means physical items located in the U.S. and intangible items treated by nonbankruptcy law as located here, including property that can be attached or garnished by a U.S. court.

Title 11, §1502

Bankruptcy, Source: USLM XML via OLRC

For the purposes of this chapter, the term—

(1)“debtor” means an entity that is the subject of a foreign proceeding;

(2)“establishment” means any place of operations where the debtor carries out a nontransitory economic activity;

(3)“foreign court” means a judicial or other authority competent to control or supervise a foreign proceeding;

(4)“foreign main proceeding” means a foreign proceeding pending in the country where the debtor has the center of its main interests;

(5)“foreign nonmain proceeding” means a foreign proceeding, other than a foreign main proceeding, pending in a country where the debtor has an establishment;

(6)“trustee” includes a trustee, a debtor in possession in a case under any chapter of this title, or a debtor under chapter 9 of this title;

(7)“recognition” means the entry of an order granting recognition of a foreign main proceeding or foreign nonmain proceeding under this chapter; and

(8)“within the territorial jurisdiction of the United States”, when used with reference to property of a debtor, refers to tangible property located within the territory of the United States and intangible property deemed under applicable nonbankruptcy law to be located within that territory, including any property subject to attachment or garnishment that may properly be seized or garnished by an action in a Federal or State court in the United States.

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.

§1502 Definitions

Summary

Title 11, §1502

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata