Section 1509: Right of Direct Access

Title 11 of the United States Code - Bankruptcy ANCILLARY AND OTHER CROSS-BORDER CASES – CHAPTER 15

Right of Direct Access –Section 1509

11 USCS § 1509


(a) A foreign representative may commence a case under section 1504 [11 USCS § 1504] by filing directly with the court a petition for recognition of a foreign proceeding under section 1515 [11 USCS § 1515].

(b) If the court grants recognition under section 1517 [11 USCS § 1517], and subject to any limitations that the court may impose consistent with the policy of this chapter [11 USCS §§ 1501 et seq.]--

   (1) the foreign representative has the capacity to sue and be sued in a court in the United States;

   (2) the foreign representative may apply directly to a court in the United States for appropriate relief in that court; and

   (3) a court in the United States shall grant comity or cooperation to the foreign representative.

(c) A request for comity or cooperation by a foreign representative in a court in the United States other than the court which granted recognition shall be accompanied by a certified copy of an order granting recognition under section 1517 [11 USCS § 1517].

(d) If the court denies recognition under this chapter [11 USCS §§ 1501 et seq.], the court may issue any appropriate order necessary to prevent the foreign representative from obtaining comity or cooperation from courts in the United States.

(e) Whether or not the court grants recognition, and subject to sections 306 and 1510 [11 USCS §§ 306 and 1510], a foreign representative is subject to applicable nonbankruptcy law.

(f) Notwithstanding any other provision of this section, the failure of a foreign representative to commence a case or to obtain recognition under this chapter [11 USCS §§ 1501 et seq.] does not affect any right the foreign representative may have to sue in a court in the United States to collect or recover a claim which is the property of the debtor.

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