Ancillary and Other Cross-Border Cases (Page
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. 11 U.S.C. § 1509.
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. 11 U.S.C. §§ 1509, 1511. In addition, the
representative is authorized to participate as a party in interest
in a pending U.S. insolvency case and to intervene in any other
U.S. case where the debtor is a party. 11 U.S.C. §§ 1512, 1524.
Chapter 15 also gives foreign creditors the
right to participate in U.S. bankruptcy cases and it prohibits
discrimination against foreign creditors (except certain foreign
government and tax claims, which may be governed by treaty). 11
U.S.C. § 1513. It also requires notice to foreign creditors
concerning a U.S. bankruptcy case, including notice of the right
to file claims. 11 U.S.C. § 1514.