Title 11, BankruptcyRelease 119-102

§1513 Access of Foreign Creditors to a Case Under This Title

Title 11 › CHAPTER 15 — ANCILLARY AND OTHER CROSS-BORDER CASES › SUBCHAPTER II — ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO THE COURT › § 1513

Last updated Aug 21, 2026|Official source

Summary

Foreign creditors have the same right to start and take part in a bankruptcy case as U.S. creditors. They are treated equally when it comes to joining the case and asserting claims. These rules do not change how claims are paid under sections 507 or 726, except that being a foreign creditor alone cannot make a claim rank lower than general unsecured claims. They also do not change whether foreign government tax or public-law claims are allowed. Any U.S. tax treaty controls how and when those foreign tax or public-law claims are treated.

Full Legal Text

Title 11, §1513

Bankruptcy, Source: USLM XML via OLRC

(a)Foreign creditors have the same rights regarding the commencement of, and participation in, a case under this title as domestic creditors.
(b)(1)Subsection (a) does not change or codify present law as to the priority of claims under section 507 or 726, except that the claim of a foreign creditor under those sections shall not be given a lower priority than that of general unsecured claims without priority solely because the holder of such claim is a foreign creditor.
(2)(A)Subsection (a) and paragraph (1) do not change or codify present law as to the allowability of foreign revenue claims or other foreign public law claims in a proceeding under this title.
(B)Allowance and priority as to a foreign tax claim or other foreign public law claim shall be governed by any applicable tax treaty of the United States, under the conditions and circumstances specified therein.

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. § 1513

Title 11, Bankruptcy

Last Updated

Aug 21, 2026

Release point: 119-102