Title 11, BankruptcyRelease 119-102
§1528 Commencement of a Case Under This Title After Recognition of a Foreign Main Proceeding
Title 11 › CHAPTER 15 — ANCILLARY AND OTHER CROSS-BORDER CASES › SUBCHAPTER V — CONCURRENT PROCEEDINGS › § 1528
Summary
A U.S. bankruptcy case can start after a foreign main proceeding is recognized only if the debtor has assets in the United States. It affects only U.S. assets and, to implement sections 1525–1527, may also reach other assets within the court’s power under 541(a) and 1334(e) of title 28, unless the recognized foreign proceeding controls them.
Full Legal Text
Title 11, §1528
Bankruptcy, Source: USLM XML via OLRC
After recognition of a foreign main proceeding, a case under another chapter of this title may be commenced only if the debtor has assets in the United States. The effects of such case shall be restricted to the assets of the debtor that are within the territorial jurisdiction of the United States and, to the extent necessary to implement cooperation and coordination under section 1525, 1526, and 1527, to other assets of the debtor that are within the jurisdiction of the court under section 541(a) of this title, and 1334(e) of title 28, to the extent that such other assets are not subject to the jurisdiction and control of a foreign proceeding that has been recognized under this chapter.
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. § 1528
Title 11, Bankruptcy
Last Updated
Aug 21, 2026
Release point: 119-102