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. § 1523

Actions to avoid acts detrimental to creditors

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(a) Upon recognition of a foreign proceeding, the foreign representative has standing in a case concerning the debtor pending under another chapter of this title to initiate actions under sections 522, 544, 545, 547, 548, 550, 553, and 724(a).(b) When a foreign proceeding is a foreign nonmain proceeding, the court must be satisfied that an action under subsection (a) relates to assets that, under United States law, should be administered in the foreign nonmain proceeding.(Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 142.)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 7 cases (1 in the last 5 years), 2009–2025 · leading case: In Re Fairfield Sentry Ltd. Litig., 458 B.R. 665 (S.D.N.Y. 2011).
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In Re Fairfield Sentry Ltd. Litig., 458 B.R. 665 (S.D.N.Y. 2011). “bankruptcy case within its Chapter 15 case, 11 U.S.C. § 1523 , the bankruptcy court acts as an ancillary court, applying only foreign law with “no opportunity to gain the powers of avoidance” provided by U.”
In Re Atlas Shipping A/S, 404 B.R. 726 (Bankr. S.D.N.Y. 2009). “11 U.S.C. § 1523 (a). The only court that appears to have addressed in a published opinion the scope of the avoidance action carve-out is the district court in Fogerty v.”
In Re Condor Ins. Ltd., 601 F.3d 319 (5th Cir. 2010). “[20] 11 U.S.C. § 1523 (a) ("Upon recognition of a foreign proceeding, the foreign representative has standing in a case concerning the debtor pending under another chapter of this title to initiate actions under sections 522, 544, 545, 547, 548, 550, 553, and 724(a)"); UNCITRAL,…”
O'Sullivan v. Loy, 432 B.R. 551 (E.D. Va. 2010). “11 U.S.C. § 1523 (a). See Bufford, supra, at 140 (noting that Section 1523 curtails the avoidance powers that are available in article 23 of the Model Law); Clark, supra.”
Fogerty v. Petroquest Resources, Inc. (In re Condor Ins.), 601 F.3d 319 (5th Cir. 2010). “11 U.S.C. § 1523 (a) (“Upon recognition of a foreign proceeding, the foreign representative has standing in a case concerning the debtor pending under another chapter of this title to initiate actions under sections 522, 544, 545, 547, 548, 550, 553, and 724(a)”); UNCITRAL,…”
Fogerty v. Condor Guar., Inc. (In Re Condor Ins.), 411 B.R. 314 (S.D. Miss. 2009). “11 U.S.C. § 1523 (a). The parties do not dispute that the provisions of the Bankruptcy Code listed in Sections 1521(a)(7) and 1523(a) are avoidance actions, which are, generally speaking, actions concerning the recovery of property in a bankruptcy proceeding.”
In Re Fairfield Sentry Ltd. (2d Cir. 2025). · cites it 2× “” 11 U.S.C. § 1523 (a). Based on this section, the liquidators assert that the “major premise” of the district court— that a foreign representative has no domestic avoidance powers in a Chapter 15 case—is “flat wrong.”
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