§1519 Relief That May Be Granted Upon Filing Petition for Recognition

Summary

When a foreign representative files a petition for recognition, a court can give short-term emergency help while the petition is pending if it is needed to protect the debtor’s property or creditors’ interests. At the foreign representative’s request, the court may pause enforcement actions against the debtor’s assets; put the foreign representative or another person (including an examiner) in charge of some or all of the debtor’s assets in the United States to protect perishable or at-risk property; and grant other provisional relief that the law allows under paragraphs (3), (4), or (7) of section 1521(a). Unless extended under section 1521(a)(6), the temporary relief ends when the petition for recognition is granted. The court must refuse relief if it would interfere with a foreign main proceeding. The court may not block police or regulatory acts, including criminal cases. The normal rules for injunctions apply. Any rights that are specifically excluded from a stay under section 362(b)(6), (7), (17), or (27) or under section 362(o) cannot be stopped by an order in these proceedings.