Bookmarking and annotating the Code and Rules is a special benefit of ABI membership. Join ABI or take a Test Drive today, and start making the Code and Rules your own!
(a) Subject to section 1506, after notice and a hearing, an order recognizing a foreign proceeding shall be entered if—
(1) such foreign proceeding for which recognition is sought is a foreign main proceeding or foreign nonmain proceeding within the meaning of section 1502;
(2) the foreign representative applying for recognition is a person or body; and
(3) the petition meets the requirements of section 1515.
(b) Such foreign proceeding shall be recognized—
(1) as a foreign main proceeding if it is pending in the country where the debtor has the center of its main interests; or
(2) as a foreign nonmain proceeding if the debtor has an establishment within the meaning of section 1502 in the foreign country where the proceeding is pending.
(c) A petition for recognition of a foreign proceeding shall be decided upon at the earliest possible time. Entry of an order recognizing a foreign proceeding constitutes recognition under this chapter.
(d) The provisions of this subchapter do not prevent modification or termination of recognition if it is shown that the grounds for granting it were fully or partially lacking or have ceased to exist, but in considering such action the court shall give due weight to possible prejudice to parties that have relied upon the order granting recognition. A case under this chapter may be closed in the manner prescribed under section 350.
ABI Related Resources
Thoughtful analyses of the day's business and consumer cases.
Your trusted source for original insolvency articles and legislative updates.
Article | Date |
---|---|
In re Black Press Ltd.: A Black Eye for Corporate Enterprise Group Recognition | 05/31/2024 |
Benchnotes March 2023 | 02/28/2023 |
Chapter 15 Revisited: Unpacking More Concepts from Recent Cases | 08/31/2021 |
Chapter 15 Primer: Learning the Global Chess Game | 03/31/2019 |
Judge, I’ve Got a Feeling We’re Not in Kansas Anymore (or Moscow, Either) | 02/28/2019 |
Bankruptcy-related opinion summaries provided by partner LexisNexis® Collier.
Case | Decided |
---|---|
Sunac China Holdings Ltd., In re | 01/29/2024 |
Ascentra Holdings, Inc., In re | 12/04/2023 |
Santino, In re | 07/23/2023 |
Black Gold S.A.R.L., In re--Samba v. Int'l Petro. Prods. & Additives Co. | 02/16/2022 |
PT Bakrie Telecom Tbk, In re | 04/14/2021 |
Vascular Access Ctrs., L.P., In re | 04/02/2020 |
Quality educational content from all ABI conferences.
Article | Date |
---|---|
Views from the Bench | 11/04/2024 |
Case Law Updates | 10/22/2024 |
Old Mistakes and New Mistakes | 08/28/2024 |
Hot Topics in Subchapter V and Consumer Bankruptcy Cases | 08/28/2024 |
Exporting Corporate Bankruptcies | 04/15/2024 |