2019 US Code
Title 11 - Bankruptcy
Chapter 15 - Ancillary and Other Cross-Border Cases
Subchapter III - Recognition of a Foreign Proceeding and Relief
Sec. 1517 - Order granting recognition

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Citation 11 U.S.C. § 1517 (2019)
Section Name §1517. Order granting recognition
Section Text

(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.

Source Credit

(Added Pub. L. 109–8, title VIII, §801(a), Apr. 20, 2005, 119 Stat. 139.)

Editorial Notes 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.

Publication Title United States Code, 2018 Edition, Supplement 1, Title 11 - BANKRUPTCY
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 11 - BANKRUPTCY
CHAPTER 15 - ANCILLARY AND OTHER CROSS-BORDER CASES
SUBCHAPTER III - RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF
Sec. 1517 - Order granting recognition
Contains section 1517
Date 2019
Laws In Effect As Of Date January 24, 2020
Positive Law Yes
Disposition standard
Statutes at Large References 119 Stat. 139
Public Law References Public Law 109-8
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