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Close Figure Viewer. The petition must be accompanied by documents showing the existence of the foreign proceeding and the appointment and authority of the foreign representative. After notice and a hearing, the court is authorized to issue an order recognizing the foreign proceeding as either a "foreign main proceeding" a proceeding pending in a country where the debtor's center of main interests are located or a "foreign non-main proceeding" a proceeding pending in a country where the debtor has an establishment, 2 but not its center of main interests.
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Immediately upon the recognition of a foreign main proceeding, the automatic stay and selected other provisions of the Bankruptcy Code take effect within the United States. The foreign representative is also authorized to operate the debtor's business in the ordinary course. The U.
Chapter 1: Corporate rescue – the new orientation of insolvency law
Through the recognition process, chapter 15 operates as the principal door of a foreign representative to the federal and state courts of the United States. Once recognized, a foreign representative may seek additional relief from the bankruptcy court or from other state and federal courts and is authorized to bring a full as opposed to ancillary bankruptcy case.
In addition, the representative is authorized to participate as a party of interest in a pending U. Chapter 15 also gives foreign creditors the right to participate in U. Note: All fields are required.
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