§1509 Right of Direct Access

Summary

A foreign representative can start a U.S. court case by filing a petition that asks the court to recognize a foreign proceeding. If a court recognizes it under section 1517, the representative, subject to any court limits that match the chapter’s goals, can sue and be sued in U.S. courts, ask U.S. courts for relief, and should get cooperation from those courts. To ask a different U.S. court for cooperation, the representative must show a certified copy of the section 1517 recognition order. If recognition is denied, the court can order steps to stop the representative from getting cooperation in the United States. Whether recognized or not, and subject to sections 306 and 1510, the representative must follow applicable nonbankruptcy law. Not starting a case or not getting recognition does not remove any right the representative may have to sue in U.S. courts to collect a claim that belongs to the debtor.