U.S. Code » Title 11 » Chapter CHAPTER 15— ANCILLARY AND OTHER CROSS-BORDER CASES

11 U.S.C. § 1501

Purpose and scope of application

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 11 CasesGoogle Scholar
(a) The purpose of this chapter is to incorporate the Model Law on Cross-Border Insolvency so as to provide effective mechanisms for dealing with cases of cross-border insolvency with the objectives of—(1) cooperation between—(A) courts of the United States, United States trustees, trustees, examiners, debtors, and debtors in possession; and(B) the courts and other competent authorities of foreign countries involved in cross-border insolvency cases;(2) greater legal certainty for trade and investment;(3) fair and efficient administration of cross-border insolvencies that protects the interests of all creditors, and other interested entities, including the debtor;(4) protection and maximization of the value of the debtor’s assets; and(5) facilitation of the rescue of financially troubled businesses, thereby protecting investment and preserving employment.(b) This chapter applies where—(1) assistance is sought in the United States by a foreign court or a foreign representative in connection with a foreign proceeding;(2) assistance is sought in a foreign country in connection with a case under this title;(3) a foreign proceeding and a case under this title with respect to the same debtor are pending concurrently; or(4) creditors or other interested persons in a foreign country have an interest in requesting the commencement of, or participating in, a case or proceeding under this title.(c) This chapter does not apply to—(1) a proceeding concerning an entity, other than a foreign insurance company, identified by exclusion in section 109(b);(2) an individual, or to an individual and such individual’s spouse, who have debts within the limits specified in section 109(e) and who are citizens of the United States or aliens lawfully admitted for permanent residence in the United States; or(3) an entity subject to a proceeding under the Securities Investor Protection Act of 1970, a stockbroker subject to subchapter III of chapter 7 of this title, or a commodity broker subject to subchapter IV of chapter 7 of this title.(d) The court may not grant relief under this chapter with respect to any deposit, escrow, trust fund, or other security required or permitted under any applicable State insurance law or regulation for the benefit of claim holders in the United States.(Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 135.)Editorial NotesReferences in Text

The Securities Investor Protection Act of 1970, referred to in subsec. (c)(3), is Pub. L. 91–598, Dec. 30, 1970, 84 Stat. 1636, which is classified generally to chapter 2B–1 (§ 78aaa et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78aaa of Title 15 and Tables.

Prior Provisions

A prior section 1501, Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2652, related to applicability of chapter which provided a pilot program for a United States trustee system, prior to repeal by Pub. L. 99–554, title II, § 231, Oct. 27, 1986, 100 Stat. 3103.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 140 cases (26 in the last 5 years), 1981–2025 · leading case: Trikona Advisers Ltd. v. Chugh, 846 F.3d 22 (2d Cir. 2017).
Sort: Relevance Newest Treatment
Trikona Advisers Ltd. v. Chugh, 846 F.3d 22 (2d Cir. 2017). · cites it 8× “Chapter 15 of the United States Bankruptcy Code Chapter 15 of the United States Bankruptcy Code, 11 U.S.C. § 1501 et seq., requires that under certain circumstances, before foreign liquidation proceedings may be recognized in United States courts, a bankruptcy court in the…”
In Re British Am. Ins. Co. Ltd., 425 B.R. 884 (Bankr. S.D. Florida 2010). · cites it 6× “” 11 U.S.C. § 1501 et seq. Enacted as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, chapter 15 replaced section 304 of the Bankruptcy Code.”
British Am. Ins. v. Fullerton (In re British Am. Ins.), 488 B.R. 205 (Bankr. S.D. Florida 2013). · cites it 6× “” 11 U.S.C. § 1501 et seq. Enacted as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, chapter 15 replaced section 3 304 of the Bankruptcy Code.”
Ad Hoc Grp. of Vitro Noteholders v. Vitro S.A.B. De C.V., 701 F.3d 1031 (5th Cir. 2012). · cites it 3× “13 It was intended “to provide effective mechanisms for dealing with cases of cross-border insolvency,” 11 U.S.C. § 1501 (a), as well as to be “the exclusive door to ancillary assistance to foreign proceedings,” thus “concentrating] control of these questions in one court.”
In re Oi Brasil Holdings Coöperatief U.A., 578 B.R. 169 (Bankr. S.D.N.Y. 2017). · cites it 2× “11 U.S.C. § 1501 (a). When interpreting Chapter 15, the statute directs that “the court shall consider its international origin, and the need to promote an application - of this chapter that is consistent with the application of similar statutes adopted by foreign jurisdictions.”
Talal Qais Abdulmunem Al Zawawi v. Colin Diss, 97 F.4th 1244 (11th Cir. 2024). · cites it 9× “§ 109 (a) apply to cases brought under Chap- ter 15 of the Bankruptcy Code? A lot turns on this question because Chapter 15 purports to “provide effective mechanisms for dealing with cases of cross-border insolvency,” 11 U.S.C. § 1501 (a), and § 109(a) would significantly…”
Drawbridge Special Opportunities Fund LP v. Barnet, 737 F.3d 238 (2d Cir. 2013). · cites it 2× “11 U.S.C. § 1501 (c) (“This chapter does not apply to — (1) a proceeding concerning an entity, other than a foreign insurance company, identified by exclusion in section 109(b).”
In Re SPhinX, Ltd., 351 B.R. 103 (Bankr. S.D.N.Y. 2006). · cites it 2× “11 U.S.C. § 1501 (a)(l)-(5). Although chapter 15 replaced section 304 of the Bankruptcy Code, which previously governed cases ancillary to foreign proceedings, chapter 15 maintains — and in some respects enhances — the “maximum flexibility,” In re Brierley, 145 B.”
Fairfield Sentry Ltd. v. Theodoor GGC Amsterdam (In Re Fairfield Sentry Ltd.), 452 B.R. 64 (Bankr. S.D.N.Y. 2011). · cites it 6× “’ ”) (quoting 11 U.S.C. § 1501 (a)(3)). Recognition of the BVI Proceedings as foreign main proceedings under chapter 15, among other things, grants the Foreign Representatives “the capacity to sue and be sued in a court of the United States” and the ability to “apply directly to…”
Lavie v. Ran (In Re Ran), 607 F.3d 1017 (5th Cir. 2010). · cites it 2× “” 11 U.S.C. § 1501 (a). It replaced former Section 304 of the Bankruptcy Code and “ineorpo-rate[s] the Model Law on Cross-Border Insolvency” drafted by UNCITRAL, the United Nations Commission on International Trade Law, which in turn, is based upon the European Union Convention…”
In Re Oversight & Control Comm'n of Avánzit, S.A., 385 B.R. 525 (Bankr. S.D.N.Y. 2008). · cites it 3× “11 U.S.C. § 1501 (a). It is intended to promote “cooperation between United States courts, trustees, examiners, debtors and debtors in possession and the courts and other competent authorities of foreign countries; greater legal certainty for trade and investment; fair and…”
Michael Jaffe v. Samsung Elec. Co., 737 F.3d 14 (4th Cir. 2013). · cites it 6× “” 11 U.S.C. § 1501 (a); see also H.R. Rep. No.”
Show all 140 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.