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Commencement of Case |
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| A case under
chapter 15 is commenced by the filing of a petition for recognition
of a foreign proceeding under § 1515. |
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Petition for Recognition |
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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
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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. |
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A statement identifying all foreign proceedings (with respect to the debtor) that are known to the foreign representative shall accompany a petition for recognition.
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Creditors with Foreign Addresses |
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| § 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. |
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Definitions |
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"Foreign
proceeding" and "foreign representative" are defined
in paragraphs (23) and (24) of § 101
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