U.S. Code » Title 11 » Chapter CHAPTER 15— ANCILLARY AND OTHER CROSS-BORDER CASES › Subchapter SUBCHAPTER V— CONCURRENT PROCEEDINGS

11 U.S.C. § 1528

Commencement of a case under this title after recognition of a foreign main proceeding

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After recognition of a foreign main proceeding, a case under another chapter of this title may be commenced only if the debtor has assets in the United States. The effects of such case shall be restricted to the assets of the debtor that are within the territorial jurisdiction of the United States and, to the extent necessary to implement cooperation and coordination under sections 1525, 1526, and 1527, to other assets of the debtor that are within the jurisdiction of the court under sections 541(a) of this title, and 1334(e) of title 28, to the extent that such other assets are not subject to the jurisdiction and control of a foreign proceeding that has been recognized under this chapter.

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 2006–2025 · leading case: Drawbridge Special Opportunities Fund LP v. Barnet
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Drawbridge Special Opportunities Fund LP v. Barnet (2013) ca2 “Foreign Representatives argue that application of Section 109(a) to Chapter 15 would be inconsistent with 11 U.S.C. § 1528 and 28 U.”
In Re SPhinX, Ltd. (2006) nysb “11 U.S.C. § 1528 . That is, the concurrent case under the Bankruptcy Code should generally serve the interests of the foreign main proceeding — subject, of course, to the court’s duty to condition or modify relief to protect creditors as discussed above.”
In Re Fairfield Sentry Ltd. Litigation (2011) nysd “” 11 U.S.C. § 1528 . If foreign law is used and applied without regard to territorial limitations, it would provide an end-run around this limited procedure that is “available to a trustee.”
In Re Jsc Bta Bank (2010) nysb · cites it 2× “See 11 U.S.C. § 1528 . From this silence in relation to the debtor, the Foreign Representative deduces that it was unnecessary for the drafters “to expand the protections afforded the debtor (as opposed to its property) upon the filing of a subsequent plenary case” because…”
In Re Toft (2011) nysb “…much of the relief to which they would have been entitled after recognition. See 11 U.S.C. § 1528 . 9 . There are several additional cases in which the courts have refused to find that certain requested relief woul”
British American Insurance v. Fullerton (In re British American Insurance) (2013) flsb “11 U.S.C. § 1528 . While the extra-territorial in rem jurisdiction of the Court otherwise available under section 1334(e) is curtailed in this instance, the Court’s jurisdiction does extend to assets outside the United States “to the extent that such other assets are not subject…”
Charles Russell, LLP Ex Rel. Awal Bank, BSC v. HSBC Bank USA, N.A. (In Re Awal Bank, BSC) (2011) nysb “…that has been recognized under this chapter. 11 U.S.C. § 1528 ; see also Leif M. Clark, Ancillary and Other Cross-Border Insolvency Cases Under Chapter 15 of the Bankruptcy Code, (LexisNexis 2008) at § 12[l][a] (to the extent possible, the administration of a”
Michael Jaffe v. Samsung Electronics Company (2013) ca4 “” 11 U.S.C. § 1528 . Thus, taken as a whole, Chapter 15— like the Model Law on which it was based — takes “several modest but significant” steps toward implementing “a modern, harmonized and fair framework to address more effectively instances of cross-border insolvency.”
Oi S.A. and Antonio Reinaldo Rabelo Filho (2025) nysb · cites it 3× “Without relief from this Court, however, the Company would be unable to pursue this process due to 11 U.S.C. § 1528 (“Section 1528”).”
In Re: Al Zawawi (2022) flmd “…title may be commenced only if the debtor has assets in the United States.” 11 U.S.C. § 1528 (emphasis added). If Section 109(a) created a threshold requirement to Chapter 15 as Al Zawawi suggests, Congress would have had little, if any, need to qualify Section 1528 in this…”
In Re Fairfield Sentry Ltd. (2025) ca2 “…this title may be commenced only if the debtor has assets in the United States.” 11 U.S.C. § 1528 (emphasis added). Such a case would be “under another chapter of this title,” not “under Chapter 15,” even though a Chapter 15 proceeding has been commenced pursuant to § 1504. A…”
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