U.S. Bankruptcy Court
Middle District of Alabama

Bankruptcy Reform Implementation

Chapter 15 - Ancillary and Other Cross Border Cases

Commencement of Case

A case under chapter 15 is commenced by the filing of a petition for recognition of a foreign proceeding under § 1515.  
Section
1504
 
Form
Petition
(minus schedules and statements0
ECF Event
bk>misc>Petition Foreign Proceeding (Chapter 15)
 

Petition for Recognition

By filing a petition for recognition, a foreign representative applies to the court for recognition of a foreign proceeding in which the foreign representative has been appointed
Section
1515(a)
 
Form
ECF Event
bk>order>Order Recognizing Foreign Proceeding
Deadlines
Flags/Role Types

A petition for recognition must be accompanied by:
 (1) a certified copy of the decision commencing the foreign proceeding and appointing a foreign representative;
 (2) a certificate from the foreign court affirming the existence of the foreign proceeding and of the appointment of the foreign representative; or 
 (3) in the absence of evidence referred to above, any other evidence - acceptable to the court - of the existence of such foreign proceeding and of the appointment of the foreign representative.

Section
 1515(b)
Form
ECF Event
Deadlines
Flags

A statement identifying all foreign proceedings (with respect to the debtor) that are known to the foreign representative shall accompany a petition for recognition.


Section
1515(c) 
Form
ECF Event
bk>notice>Notice of Petition for Recognition of Foreign Proceeding
Deadlines
Flags
 

Creditors with Foreign Addresses

§ 1514(d) provides that any rule of procedure or order of the court as to notice or the filing of a proof of claim must provide additional time to creditors with foreign addresses as is reasonable under the circumstances. Pursuant to § 103(k)(1), §§ 1505, 1513 and 1514 apply in all cases under title 11.
Section
1514(d)
103(k)(l)
 
Form
ECF Event
Deadlines
Flags
 

Definitions

"Foreign proceeding" and "foreign representative" are defined in paragraphs (23) and (24) of § 101
Section
101(23)(24)
 
Form
ECF Event
Deadlines
Flags