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Title 11 — BankruptcyRelease 119-73not60

§1516 Presumptions Concerning Recognition

Title 11 › Chapter 15— ANCILLARY AND OTHER CROSS-BORDER CASES › Subchapter III— RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF › § 1516

Last updated Apr 3, 2026|Official source

Summary

If a paper filed with the court says a matter is a case in another country and names who represents it, the court may treat that as true. The court may also assume that the documents filed to back up the recognition request are real, even if they have not been formally legalized. Unless someone proves otherwise, a business’s registered office (its official address) or a person’s habitual residence (where they normally live) is taken to be the place where the debtor’s main interests are located.

Full Legal Text

Title 11, §1516

Bankruptcy — Source: USLM XML via OLRC

(a)If the decision or certificate referred to in section 1515(b) indicates that the foreign proceeding is a foreign proceeding and that the person or body is a foreign representative, the court is entitled to so presume.
(b)The court is entitled to presume that documents submitted in support of the petition for recognition are authentic, whether or not they have been legalized.
(c)In the absence of evidence to the contrary, the debtor’s registered office, or habitual residence in the case of an individual, is presumed to be the center of the debtor’s main interests.

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. § 1516

Title 11 — Bankruptcy

Last Updated

Apr 3, 2026

Release point: 119-73not60