Title 11, BankruptcyRelease 119-102

§1520 Effects of Recognition of a Foreign Main Proceeding

Title 11 › CHAPTER 15 — ANCILLARY AND OTHER CROSS-BORDER CASES › SUBCHAPTER III — RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF › § 1520

Last updated Aug 21, 2026|Official source

Summary

If a debtor’s main bankruptcy case in another country is recognized in the United States, certain U.S. bankruptcy rules apply to the debtor and any of the debtor’s property in the U.S. Sections 361 and 362 apply; sections 363, 549, and 552 apply to transfers of U.S. property; and, unless a court orders otherwise, the foreign representative may run the debtor’s business and use trustee powers under sections 363 and 552. This does not stop someone from starting a foreign lawsuit to protect a claim, and it does not stop a foreign representative or any party from beginning or taking part in a U.S. bankruptcy case.

Full Legal Text

Title 11, §1520

Bankruptcy, Source: USLM XML via OLRC

(a)Upon recognition of a foreign proceeding that is a foreign main proceeding—
(1)section 361 and 362 apply with respect to the debtor and the property of the debtor that is within the territorial jurisdiction of the United States;
(2)section 363, 549, and 552 apply to a transfer of an interest of the debtor in property that is within the territorial jurisdiction of the United States to the same extent that the sections would apply to property of an estate;
(3)unless the court orders otherwise, the foreign representative may operate the debtor’s business and may exercise the rights and powers of a trustee under and to the extent provided by section 363 and 552; and
(4)section 552 applies to property of the debtor that is within the territorial jurisdiction of the United States.
(b)Subsection (a) does not affect the right to commence an individual action or proceeding in a foreign country to the extent necessary to preserve a claim against the debtor.
(c)Subsection (a) does not affect the right of a foreign representative or an entity to file a petition commencing a case under this title or the right of any party to file claims or take other proper actions in such a case.

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. § 1520

Title 11, Bankruptcy

Last Updated

Aug 21, 2026

Release point: 119-102