Section 1520: Effects of Recognition of a Foreign Main Proceeding

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

Effects of Recognition of a Foreign Main Proceeding –Section 1520

11 USCS § 1520


(a) Upon recognition of a foreign proceeding that is a foreign main proceeding--

   (1) sections 361 and 362 [11 USCS §§ 361 and 362] apply with respect to the debtor and the property of the debtor that is within the territorial jurisdiction of the United States;

   (2) sections 363, 549, and 552 [11 USCS §§ 363, 549, and 552] apply to a transfer of an interest of the debtor in property that is within the territorial jurisdiction of the United States to the same extent that the sections would apply to property of an estate;

   (3) unless the court orders otherwise, the foreign representative may operate the debtor's business and may exercise the rights and powers of a trustee under and to the extent provided by sections 363 and 552 [11 USCS §§ 363 and 552]; and

   (4) section 552 [11 USCS § 552] applies to property of the debtor that is within the territorial jurisdiction of the United States.

(b) Subsection (a) does not affect the right to commence an individual action or proceeding in a foreign country to the extent necessary to preserve a claim against the debtor.

(c) Subsection (a) does not affect the right of a foreign representative or an entity to file a petition commencing a case under this title or the right of any party to file claims or take other proper actions in such a case.

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