Section 1517: Order Granting Recognition

 

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

Order Granting Recognition –Section 1517

11 USCS § 1517


(a) Subject to section 1506 [11 USCS § 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 [11 USCS § 1502];

   (2) the foreign representative applying for recognition is a person or body; and

   (3) the petition meets the requirements of section 1515 [11 USCS § 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 [11 USCS § 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 [11 USCS §§ 1501 et seq.].

(d) The provisions of this subchapter [11 USCS §§ 1515 et seq.] 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 [11 USCS §§ 1501 et seq.] may be closed in the manner prescribed under section 350 [11 USCS § 350].


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