Chapter 15 Petition for Recognition of Foreign Proceeding

CHAPTER 15 PETITION FOR RECOGNITION OF FOREIGN PROCEEDING

United States Bankruptcy Court

UNITED STATES BANKRUPTCY COURT

[DISTRICT NAME] DISTRICT OF [STATE]

Case No.: [________________________________]

Chapter: 15

Judge: [________________________________]

PETITION FOR RECOGNITION OF FOREIGN PROCEEDING

(11 U.S.C. §§ 1504, 1515, 1517)

[FOREIGN REPRESENTATIVE NAME] ("Foreign Representative"), duly authorized to act as [trustee / administrator / liquidator / receiver / [title]] in the above-captioned foreign [main / nonmain] proceeding pending in [Country] (the "Foreign Proceeding"), hereby petitions this Court for recognition of the Foreign Proceeding pursuant to Chapter 15 of Title 11 of the United States Code.

I. JURISDICTIONAL STATEMENT

1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334(a) and 28 U.S.C. § 157(b)(2)(P).

2. Venue is proper in this district pursuant to 28 U.S.C. § 1410 because [choose applicable basis]:

☐ The debtor's principal assets in the United States are located in this district.

☐ The debtor has a place of business in this district.

☐ There is no other district in the United States in which a case under this title could be commenced; the debtor has assets in the United States; and this district is the most convenient district for the purposes of justice and convenience of the parties.

3. This Petition is a "core proceeding" within the meaning of 28 U.S.C. § 157(b)(2)(P) (recognition of foreign proceedings and other matters under Chapter 15).

II. PARTIES

A. Foreign Debtor

4. [FOREIGN DEBTOR NAME] (the "Debtor") is a [type of entity — e.g., limited liability company / corporation / partnership] organized under the laws of [Country], with its registered office at [Address, Country].

5. The Debtor is engaged in the business of: [________________________________].

6. The Debtor's center of main interests (COMI) as of the date of this Petition is in [Country], where the Debtor [has its registered office / conducts the administration of its interests on a regular basis / [other COMI basis]].

B. Foreign Representative

7. The Foreign Representative, [FOREIGN REPRESENTATIVE NAME], was appointed as [title] of the Debtor in the Foreign Proceeding by [court name] on [__/__/____] pursuant to [applicable foreign law citation]. A certified copy of the order of appointment is attached as Exhibit 1.

8. The Foreign Representative is authorized to file this Petition and act on behalf of the Debtor's estate in the United States pursuant to [applicable foreign law / order].

III. DESCRIPTION OF THE FOREIGN PROCEEDING

9. On [__/__/____], the Debtor commenced (or was subject to) a [describe type of proceeding — e.g., liquidation / administration / restructuring / rehabilitation] proceeding (the "Foreign Proceeding") before [name of foreign court or authority], Case No. [________________________________], located at [address, country].

10. The Foreign Proceeding is a "foreign proceeding" within the meaning of 11 U.S.C. § 101(23), as it is:

☐ A collective judicial or administrative proceeding in a foreign country

☐ Including an interim proceeding, under a law relating to insolvency or adjustment of debt

☐ In which the assets and affairs of the debtor are subject to control or supervision by a foreign court

☐ For the purpose of reorganization or liquidation

11. The Foreign Proceeding is a [foreign main / foreign nonmain] proceeding:

☐ Foreign Main Proceeding (11 U.S.C. § 1516(c)): The Debtor's COMI is presumed to be at its registered office in [Country]. [Provide any additional COMI evidence if rebuttal is anticipated.]

☐ Foreign Nonmain Proceeding (11 U.S.C. § 1517(b)(2)): The Debtor has an "establishment" in [Country], defined as a place of operations where the debtor carries out a non-transitory economic activity with human means and assets.

12. The Foreign Proceeding is currently [pending / concluded]. [If pending, describe current status.]

IV. DOCUMENTS FILED WITH THIS PETITION

Pursuant to 11 U.S.C. § 1515 and Fed. R. Bankr. P. 1007(a)(4), the Foreign Representative files the following with this Petition:

☐ Exhibit 1: Certified copy of the order (or other document) commencing the Foreign Proceeding and appointing the Foreign Representative

☐ Exhibit 2: Certificate evidencing the existence of the Foreign Proceeding and the appointment of the Foreign Representative (in lieu of Exhibit 1, if Exhibit 1 is not available)

☐ Statement of Eligibility: Statement identifying all foreign proceedings with respect to the Debtor known to the Foreign Representative (11 U.S.C. § 1515(c))

☐ Corporate Ownership Statement: Statement identifying the parent entities and entities owning 10% or more of the Debtor's equity interests (Fed. R. Bankr. P. 7007.1 / 1007(a)(4)(D))

☐ COMI Statement: Statement regarding the location of the Debtor's COMI and facts supporting the determination

☐ List of U.S. Assets: Statement identifying the Debtor's assets located in the United States and their location

☐ List of U.S. Creditors: To the extent known, a list of creditors in the United States

V. BASIS FOR RECOGNITION

13. The Foreign Proceeding satisfies all requirements for recognition under 11 U.S.C. § 1517:

☐ The Foreign Proceeding is a "foreign proceeding" within the meaning of 11 U.S.C. § 101(23).

☐ The Foreign Representative is a "foreign representative" within the meaning of 11 U.S.C. § 101(24).

☐ The Petition meets the requirements of 11 U.S.C. § 1515.

☐ Recognition is not "manifestly contrary to the public policy of the United States" (11 U.S.C. § 1506).

VI. RELIEF REQUESTED

A. Recognition

The Foreign Representative respectfully requests that this Court enter an order:

1. Recognizing the Foreign Proceeding as a [foreign main / foreign nonmain] proceeding pursuant to 11 U.S.C. § 1517;

2. Recognizing the Foreign Representative as the duly authorized foreign representative of the Debtor;

3. Granting all relief automatically available upon recognition of a foreign main proceeding under 11 U.S.C. § 1520, including:

☐ The stay of execution against the Debtor's assets (equivalent to § 362 stay)

☐ The right to examine witnesses and obtain information pursuant to § 1521

☐ Entrusting the distribution of the Debtor's U.S. assets to the Foreign Representative or another person designated by the Court

B. Provisional Relief (if requested simultaneously or separately)

Pending the hearing on this Petition, the Foreign Representative [☐ does / ☐ does not] request provisional relief pursuant to 11 U.S.C. § 1519, including:

☐ A temporary stay of execution against the Debtor's assets in the United States

☐ Appointment of a person to administer the Debtor's assets for purposes of protecting and preserving their value

☐ Other provisional relief: [________________________________]

VII. ADDITIONAL RELIEF UNDER 11 U.S.C. § 1521 (Post-Recognition)

Following recognition, the Foreign Representative may seek additional discretionary relief under 11 U.S.C. § 1521, including:

☐ Staying the commencement or continuation of individual actions or proceedings concerning the Debtor's assets, rights, obligations, or liabilities

☐ Staying execution against the Debtor's assets

☐ Authorizing examination of the Debtor's assets, books, and records

☐ Authorizing the Foreign Representative to operate the Debtor's U.S. business

☐ Authorizing the Foreign Representative to avoid acts detrimental to creditors (§ 1521(a)(7))

☐ Granting any additional relief consistent with the relief granted under the Foreign Proceeding

VIII. COOPERATION AND COORDINATION WITH FOREIGN COURT

14. The Foreign Representative requests that this Court, pursuant to 11 U.S.C. §§ 1525–1527, cooperate with and communicate directly with the foreign court or foreign representative in the Foreign Proceeding to:

☐ Coordinate the administration of the Debtor's assets in the United States and abroad

☐ Maximize the value of the Debtor's assets for the benefit of all creditors

☐ Avoid conflicting orders or inconsistent distributions

15. The Foreign Representative [☐ has / ☐ will] seek a Cross-Border Insolvency Protocol or Joint Court Order with the foreign court to govern communication and coordination between the proceedings.

IX. NOTICE

16. Pursuant to 11 U.S.C. § 1514 and Fed. R. Bankr. P. 2002(q), the Foreign Representative will provide notice of this Petition and the hearing thereon to:

☐ All persons against whom provisional relief is sought

☐ All administrators in any other foreign proceedings of the Debtor

☐ All parties to any litigation pending in the United States in which the Debtor is a party

☐ The United States Trustee for the district

☐ The Securities and Exchange Commission (if applicable)

☐ All known U.S. creditors

X. CONCLUSION

WHEREFORE, the Foreign Representative respectfully requests that this Court enter an Order:

1. Granting this Petition for Recognition;

2. Recognizing the Foreign Proceeding as a foreign [main / nonmain] proceeding under Chapter 15 of the Bankruptcy Code;

3. Recognizing the Foreign Representative as authorized to act in the United States on behalf of the Debtor's estate;

4. Granting all automatic relief available under 11 U.S.C. § 1520;

5. Granting such other and further relief as this Court deems just and proper.

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[Attorney Name]

[Bar No.]

[Address]

[Phone / Email]

Counsel for the Foreign Representative

Date: [__/__/____]

VERIFICATION

I, [FOREIGN REPRESENTATIVE NAME], [title] of [FOREIGN DEBTOR NAME] in the Foreign Proceeding, hereby verify under penalty of perjury under the laws of the United States of America that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]

Date: [__/__/____]

EXHIBIT LIST

• Exhibit 1 — Order of Appointment of Foreign Representative (certified/apostilled)
• Exhibit 2 — Certificate of Foreign Proceeding (if Exhibit 1 not available)
• Exhibit 3 — Statement of COMI
• Exhibit 4 — Statement of Eligibility (all known foreign proceedings)
• Exhibit 5 — List of Debtor's U.S. Assets
• Exhibit 6 — List of Known U.S. Creditors
• Exhibit 7 — Corporate Ownership Statement

SOURCES AND REFERENCES

• 11 U.S.C. § 1501 (Chapter 15 Purpose and Scope): https://www.govinfo.gov/app/details/USCODE-2024-title11/USCODE-2024-title11-chap15-sec1501
• 11 U.S.C. § 1517 (Order Granting Recognition): https://www.govinfo.gov/app/details/USCODE-2024-title11/USCODE-2024-title11-chap15-subchapIII-sec1517
• UNCITRAL Model Law on Cross-Border Insolvency (1997): https://uncitral.un.org/en/texts/insolvency/modellaw/cross-border_insolvency
• Fed. R. Bankr. P. 1007(a)(4): https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-bankruptcy-procedure
• American Bankruptcy Institute (ABI) — Cross-Border Resources: https://www.abi.org/