U.S. Code » Title 11 » Chapter CHAPTER 15— ANCILLARY AND OTHER CROSS-BORDER CASES › Subchapter SUBCHAPTER I— GENERAL PROVISIONS

11 U.S.C. § 1507

Additional assistance

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(a) Subject to the specific limitations stated elsewhere in this chapter the court, if recognition is granted, may provide additional assistance to a foreign representative under this title or under other laws of the United States.(b) In determining whether to provide additional assistance under this title or under other laws of the United States, the court shall consider whether such additional assistance, consistent with the principles of comity, will reasonably assure—(1) just treatment of all holders of claims against or interests in the debtor’s property;(2) protection of claim holders in the United States against prejudice and inconvenience in the processing of claims in such foreign proceeding;(3) prevention of preferential or fraudulent dispositions of property of the debtor;(4) distribution of proceeds of the debtor’s property substantially in accordance with the order prescribed by this title; and(5) if appropriate, the provision of an opportunity for a fresh start for the individual that such foreign proceeding concerns.(Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 136.)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 52 cases (9 in the last 5 years), 2005–2026 · leading case: In re Rede Energia S.A., 515 B.R. 69 (Bankr. S.D.N.Y. 2014).
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In re Rede Energia S.A., 515 B.R. 69 (Bankr. S.D.N.Y. 2014). · cites it 7× “” 11 U.S.C. § 1507 (a); see also H.R.Rep. No.”
In Re Oi S.A., 587 B.R. 253 (Bankr. S.D.N.Y. 2018). · cites it 7× “" 11 U.S.C. § 1507 (a). Section 1507 provides that the Court, in its discretion, may grant the "additional assistance," only after balancing the various factors set forth in Section 1507(b).”
Ad Hoc Grp. of Vitro Noteholders v. Vitro S.A.B. De C.V., 701 F.3d 1031 (5th Cir. 2012). · cites it 3× “The bankruptcy court denied relief under 11 U.S.C. §§ 1507 , 1521, and 1506 because approval of the Plan would extinguish claims held by the Objecting Creditors against the subsidiaries.”
In re Oi Brasil Holdings Coöperatief U.A., 578 B.R. 169 (Bankr. S.D.N.Y. 2017). · cites it 2× “at 333 (citing 11 U.S.C. §§ 1507 , 1517, 1521, 1525; Model Law Art.”
In Re Fairfield Sentry Ltd. Litig., 458 B.R. 665 (S.D.N.Y. 2011). · cites it 2× “In the alternative, the foreign representatives seek relief under 11 U.S.C. § 1507 (a), which states, “Subject to the specific limitations stated elsewhere in this chapter the court, if recognition is granted, may provide additional assistance to a foreign representative under…”
In Re Atlas Shipping A/S, 404 B.R. 726 (Bankr. S.D.N.Y. 2009). · cites it 2× “” 11 U.S.C. § 1507 (b) (emphasis added). These provisions embody the protections previously contained in § 304 with one critical exception: the principle of comity was removed as one of the factors and elevated to the introductory paragraph.”
In Re Condor Ins. Ltd., 601 F.3d 319 (5th Cir. 2010). · cites it 2× “[25] Relief unavailable pre-recognition includes relief under 11 U.S.C. §§ 1507 , 1511, 1512, 1520, 1521, 1523, 1524, & 1528; however, limited pre-recognition relief is available under § 1519.”
Vitro, S.A.B. de C.V. v. ACP Master, Ltd. (In re Vitro, S.A.B. de C.V.), 473 B.R. 117 (Bankr. N.D. Tex. 2012). · cites it 3× “” 11 U.S.C. § 1507 (a). In determining whether to provide such additional assistance, courts must look to § 1507(b) for guidance, which provides that: (b) In determining whether to provide additional assistance under this title or under other laws of the United States, the court…”
In Re Fairfield Sentry Ltd., 452 B.R. 52 (Bankr. S.D.N.Y. 2011). · cites it 4× “” 11 U.S.C. § 1507 (a). Here, the Court finds that Section 108 relief is “necessary to effectuate the purpose of [chapter 15] and to protect the assets of the debtor or the interests of the creditors.”
In Re SPhinX, Ltd., 351 B.R. 103 (Bankr. S.D.N.Y. 2006). “See 11 U.S.C. §§ 1507 (b)(2) (protection of claim holders in the United States against prejudice and inconvenience in the processing of claims in the foreign proceeding); 1521(b) (providing that court must be satisfied that the interests of creditors in the United States are…”
Lavie v. Ran (In Re Ran), 607 F.3d 1017 (5th Cir. 2010). “See 11 U.S.C. § 1507 . By arguing comity without first satisfying the conditions for recognition, Lavie urges this court to ignore the statutory requirements of Chapter 15.”
RSM Richter Inc. v. Aguilar (In Re Ephedra Prods. Liab. Litig.), 349 B.R. 333 (S.D.N.Y. 2006). “The objectors also purport to rely on 11 U.S.C. § 1507 , which, however, adds nothing to the arguments made under § 1506.”
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