U.S. Code » Title 11 » Chapter CHAPTER 15— ANCILLARY AND OTHER CROSS-BORDER CASES › Subchapter SUBCHAPTER III— RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF

11 U.S.C. § 1517

Order granting recognition

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(a) Subject to section 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;(2) the foreign representative applying for recognition is a person or body; and(3) the petition meets the requirements of section 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 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.(d) The provisions of this subchapter 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 may be closed in the manner prescribed under section 350.(Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 139.)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 117 cases (33 in the last 5 years), 2006–2026 · leading case: In re Oi Brasil Holdings Coöperatief U.A.
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In re Oi Brasil Holdings Coöperatief U.A. (2017) nysb · cites it 13× “11 U.S.C. § 1517 (a). A recognition must be identified as either a main or a nonmain proceeding.”
Morning Mist Holdings Ltd. v. Krys (2013) ca2 · cites it 7× “), which determined that the debt- or, Fairfield Sentry Limited (“Sentry”), had its “centet of main interests” in Brit *130 ish Virgin Islands (“BVI”), and therefore recognized Sentry’s liquidation in the BVI as a “foreign main proceeding” under 11 U.S.C. § 1517 . For the…”
In Re SPhinX, Ltd. (2006) nysb · cites it 4× “This memorandum of decision states in greater detail the rationale for concluding that the Cayman Islands proceedings are foreign nonmain proceedings under 11 U.S.C. § 1517 (b)(2), subject, however, to possible modification under 11 U.”
In Re British American Isle of Venice (BVI), Ltd. (2010) flsb · cites it 8× “Petitioner requests an order of this court pursuant to 11 U.S.C. § 1517 recognizing as a foreign main proceeding the judicial proceeding relating to liquidation of the Debtor (the “BVI Proceeding”) pending in the Eastern Caribbean Supreme Court in the High Court of Justice,…”
In Re Oversight & Control Commission of Avánzit, S.A. (2008) nysb · cites it 5× “11 U.S.C. § 1517 (a). The burden of establishing recognition rests on the foreign representative.”
In Re Loy (2011) vaeb · cites it 10× “This matter is before the Court upon the Debtor’s “Motion To Revoke Recognition Of Foreign Main Proceeding Pursuant To 11 U.S.C. § 1517 (d)” (the “Motion to Revoke Recognition”) filed by Jonathan A.”
In re Serviços de Petróleo Constellation S.A. (2019) nysb · cites it 3× “11 U.S.C. § 1517 (a) ; see also In re Ocean Rig UDW Inc.”
In re Inversora Eléctrica de Buenos Aires S.A. (2016) nysb · cites it 3× “11 U.S.C. § 1517 (a). “While not explicit in this section [1517(a) ], the foreign proceeding and the foreign representative must meet the definitional requirements set out in sections 101(23) and 101(24).”
In Re Gold & Honey, Ltd. (2009) nyeb · cites it 4× “11 U.S.C. § 1517 (a); see also In re Betcorp Ltd.”
In Re: RCS Capital Development v. (2013) ca3 · cites it 3× “11 U.S.C. § 1517 (a). “‘[Foreign main proceeding’ means a foreign proceeding pending in the country where the debt- or has the center of its main interests.”
In Re British American Ins. Co. Ltd. (2010) flsb · cites it 3× “Two petitioners, one appointed in an action pending in the Commonwealth of The Bahamas (“Bahamas”) and a second appointed in an action pending in Saint Vincent and the Grenadines (“SVG”), seek recognition of their proceedings under 11 U.S.C. § 1517 . The foreign actions relate…”
Alastair Beveridge of Alixpartners Servs. U.K., LLP v. Vidunas (In re O'Reilly) (2019) pawb · cites it 6× “11 U.S.C. § 1517 further sets forth what the foreign representative must prove in order to have a "foreign proceeding" recognized by the United States Bankruptcy Court.”
Show all 117 citing cases →
— 11 U.S.C. § 1517(a) — 1 case
In re Oi Brasil Holdings Coöperatief U.A. (2017) nysb “11 U.S.C. § 1517 (a). A recognition must be identified as either a main or a nonmain proceeding.”
— 11 U.S.C. § 1517(b) — 2 cases
In Re: Comair Limited (In Business Rescue) (2023) nysd
Comair Limited (In Provisional Liquidation) and Shaun Collyer and Richard A. Ferguson (2021) nysb
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