§1509 Right of Direct Access

Summary

A foreign representative can start a U.S. case by filing a petition asking a U.S. court to recognize a foreign proceeding. If a court recognizes the foreign proceeding, the representative can sue and be sued in U.S. courts, can ask those courts for relief, and U.S. courts should cooperate or show comity, although the court that recognized the case may set limits. If asking a different U.S. court for cooperation, the representative must include a certified copy of the recognition order. If recognition is denied, the court can bar other U.S. courts from cooperating. Whether or not recognition is granted, and subject to sections 306 and 1510, the foreign representative must follow applicable nonbankruptcy law. Not starting a case or getting recognition does not stop the representative from suing in U.S. courts to collect or recover the debtor’s claims.