§1529 Coordination of a Case Under This Title and a Foreign Proceeding

Summary

When a foreign proceeding and a U.S. bankruptcy case involve the same debtor at the same time, the court must try to coordinate under sections 1525, 1526, and 1527. If the U.S. case was already active when the foreign recognition petition was filed, any relief given under sections 1519 or 1521 must match the U.S. case. Also, the protections in section 1520 do not apply even if the foreign case is a foreign main proceeding. If the U.S. case starts after the foreign proceeding was recognized or after its recognition petition was filed, the court will review any relief under sections 1519 or 1521 and change or end it if it conflicts with the U.S. case. If the foreign case is a foreign main proceeding, the stay or suspension in section 1520(a) must be changed or ended if it conflicts with the U.S. case. For foreign nonmain proceedings, the court may only grant relief that affects U.S. assets that should be handled in that foreign nonmain proceeding or that concerns information needed there. To coordinate, the court may also use relief like that allowed in section 305.