Page:United States Statutes at Large Volume 119.djvu/155

 PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 137

court shall consider whether such additional assistance, consistent with the principles of comity, will reasonably assure— ‘‘(1) just treatment of all holders of claims against or interests in the debtor’s property; ‘‘(2) protection of claim holders in the United States against prejudice and inconvenience in the processing of claims in such foreign proceeding; ‘‘(3) prevention of preferential or fraudulent dispositions of property of the debtor; ‘‘(4) distribution of proceeds of the debtor’s property substantially in accordance with the order prescribed by this title; and ‘‘(5) if appropriate, the provision of an opportunity for a fresh start for the individual that such foreign proceeding concerns. ‘‘§ 1508. Interpretation ‘‘In interpreting this chapter, the court shall consider its international origin, and the need to promote an application of this chapter that is consistent with the application of similar statutes adopted by foreign jurisdictions. ‘‘SUBCHAPTER II—ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO THE COURT ‘‘§ 1509. Right of direct access ‘‘(a) A foreign representative may commence a case under section 1504 by filing directly with the court a petition for recognition of a foreign proceeding under section 1515. ‘‘(b) If the court grants recognition under section 1517, and subject to any limitations that the court may impose consistent with the policy of this chapter— ‘‘(1) the foreign representative has the capacity to sue and be sued in a court in the United States; ‘‘(2) the foreign representative may apply directly to a court in the United States for appropriate relief in that court; and ‘‘(3) a court in the United States shall grant comity or cooperation to the foreign representative. ‘‘(c) A request for comity or cooperation by a foreign representative in a court in the United States other than the court which granted recognition shall be accompanied by a certified copy of an order granting recognition under section 1517. ‘‘(d) If the court denies recognition under this chapter, the court may issue any appropriate order necessary to prevent the foreign representative from obtaining comity or cooperation from courts in the United States. ‘‘(e) Whether or not the court grants recognition, and subject to sections 306 and 1510, a foreign representative is subject to applicable nonbankruptcy law. ‘‘(f) Notwithstanding any other provision of this section, the failure of a foreign representative to commence a case or to obtain recognition under this chapter does not affect any right the foreign representative may have to sue in a court in the United States to collect or recover a claim which is the property of the debtor.

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