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. § 1521

Relief that may be granted upon recognition

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(a) Upon recognition of a foreign proceeding, whether main or nonmain, where necessary to effectuate the purpose of this chapter and to protect the assets of the debtor or the interests of the creditors, the court may, at the request of the foreign representative, grant any appropriate relief, including—(1) staying the commencement or continuation of an individual action or proceeding concerning the debtor’s assets, rights, obligations or liabilities to the extent they have not been stayed under section 1520(a);(2) staying execution against the debtor’s assets to the extent it has not been stayed under section 1520(a);(3) suspending the right to transfer, encumber or otherwise dispose of any assets of the debtor to the extent this right has not been suspended under section 1520(a);(4) providing for the examination of witnesses, the taking of evidence or the delivery of information concerning the debtor’s assets, affairs, rights, obligations or liabilities;(5) entrusting the administration or realization of all or part of the debtor’s assets within the territorial jurisdiction of the United States to the foreign representative or another person, including an examiner, authorized by the court;(6) extending relief granted under section 1519(a); and(7) granting any additional relief that may be available to a trustee, except for relief available under sections 522, 544, 545, 547, 548, 550, and 724(a).(b) Upon recognition of a foreign proceeding, whether main or nonmain, the court may, at the request of the foreign representative, entrust the distribution of all or part of the debtor’s assets located in the United States to the foreign representative or another person, including an examiner, authorized by the court, provided that the court is satisfied that the interests of creditors in the United States are sufficiently protected.(c) In granting relief under this section to a representative of a foreign nonmain proceeding, the court must be satisfied that the relief relates to assets that, under the law of the United States, should be administered in the foreign nonmain proceeding or concerns information required in that proceeding.(d) The court may not enjoin a police or regulatory act of a governmental unit, including a criminal action or proceeding, under this section.(e) The standards, procedures, and limitations applicable to an injunction shall apply to relief under paragraphs (1), (2), (3), and (6) of subsection (a).(f) The exercise of rights not subject to the stay arising under section 362(a) pursuant to paragraph (6), (7), (17), or (27) of section 362(b) or pursuant to section 362(o) shall not be stayed by any order of a court or administrative agency in any proceeding under this chapter.(Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 141; amended Pub. L. 111–327, § 2(a)(47), Dec. 22, 2010, 124 Stat. 3562.)Editorial NotesAmendments

2010—Subsec. (f). Pub. L. 111–327 substituted “362(o)” for “362(n)”.

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 125 cases (31 in the last 5 years), 2005–2026 · leading case: Drawbridge Special Opportunities Fund LP v. Barnet, 737 F.3d 238 (2d Cir. 2013).
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Drawbridge Special Opportunities Fund LP v. Barnet, 737 F.3d 238 (2d Cir. 2013). · cites it 5× “To hold otherwise would ignore the Bankruptcy Court’s discretion to deny discovery under 11 U.S.C. § 1521 . It follows that the Recognition Order was not appealable by Drawbridge when issued.”
In Re Tri-Cont'l Exch. Ltd., 349 B.R. 627 (Bankr. E.D. Cal. 2006). · cites it 5× “The answer is in the negative because all creditors in this instance will be better served by, as contemplated by 11 U.S.C. § 1521 (a)(5), entrusting administration and realization of assets to the foreign representatives without imposing a superfluous, and potentially…”
British Am. Ins. v. Fullerton (In re British Am. Ins.), 488 B.R. 205 (Bankr. S.D. Florida 2013). · cites it 7× “The Defendants argue that the claim presented in Count I is a tort claim constituting intangible property located outside the United States and that this Court is without jurisdiction to entertain such a claim in light of the provisions of 11 U.S.C. § 1521 (a)(5). The Defendants…”
In re Agrokor D.D., 591 B.R. 163 (Bankr. S.D.N.Y. 2018). · cites it 5× “"), with 11 U.S.C. § 1521 (a) ("Upon recognition of a foreign proceeding, whether main or nonmain, where necessary to effectuate the purposes of this chapter .”
In re Qimonda AG, 482 B.R. 879 (Bankr. E.D. Va. 2012). · cites it 12× “§ 362 (a)(1), and will be enjoined (or alternatively, will be enjoined pursuant to 11 U.S.C. § 1521 (a)(1)); (2) Altis’s request that the District Court declare the sale to.”
In Re Fairfield Sentry Ltd. Litig., 458 B.R. 665 (S.D.N.Y. 2011). · cites it 3× “§ 1520 (a), the foreign representatives seek discretionary relief under 11 U.S.C. § 1521 (a), entitled “Relief that may be granted upon recognition.”
In Re Atlas Shipping A/S, 404 B.R. 726 (Bankr. S.D.N.Y. 2009). · cites it 3× “11 U.S.C. § 1521 (a). The discretion that is granted is “exceedingly broad” since a court may grant “any appropriate relief’ that would further the purposes of chapter 15 and protect the debtor’s assets and the interests of creditors.”
Ad Hoc Grp. of Vitro Noteholders v. Vitro S.A.B. De C.V., 701 F.3d 1031 (5th Cir. 2012). · cites it 3× “” 11 U.S.C. § 1521 (a). In addition, § 1521 lists a series of non-exclusive forms of relief.”
Micron Tech., Inc. v. Qimonda AG (In Re Qimonda AG Bankr. Litig.), 433 B.R. 547 (E.D. Va. 2010). · cites it 4× “§ 1522 , in modifying the discretionary relief previously granted under 11 U.S.C. § 1521 ; (ii) whether the Bankruptcy Court erred in concluding that 11 U.”
In Re Int'l Banking Corp. B.S.C., 439 B.R. 614 (Bankr. S.D.N.Y. 2010). · cites it 4× “(Mashreqbank PSC’s Reservation of Rights and Joinder in Deutsche Bank AG’s Opposition to TIBC Administrator’s Motion for an Order Pursuant to 11 U.S.C. §§ 1521 (a)(5), 1521(b), and 1507 Vacating Certain Orders of Attachment and Directing the Turnover of Certain *618 Attached…”
In Re Condor Ins. Ltd., 601 F.3d 319 (5th Cir. 2010). · cites it 3× “[5] 11 U.S.C. § 1521 (a)(7). [6] McLaurin v. Noble Drilling (U.”
In Re British Am. Ins. Co. Ltd., 425 B.R. 884 (Bankr. S.D. Florida 2010). · cites it 3× “Petitioner for the SVG proceeding moves for relief under 11 U.S.C. § 1521 . The Court will conduct a further hearing to address such request.”
Show all 125 citing cases →
— 11 U.S.C. § 1521(a) — 1 case
In Re SPhinX, Ltd., 351 B.R. 103 (Bankr. S.D.N.Y. 2006).
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