Page:United States Statutes at Large Volume 119.djvu/156

 119 STAT. 138

PUBLIC LAW 109–8—APR. 20, 2005

‘‘§ 1510. Limited jurisdiction ‘‘The sole fact that a foreign representative files a petition under section 1515 does not subject the foreign representative to the jurisdiction of any court in the United States for any other purpose. ‘‘§ 1511. Commencement of case under section 301 or 303 ‘‘(a) Upon recognition, a foreign representative may commence— ‘‘(1) an involuntary case under section 303; or ‘‘(2) a voluntary case under section 301 or 302, if the foreign proceeding is a foreign main proceeding. ‘‘(b) The petition commencing a case under subsection (a) must be accompanied by a certified copy of an order granting recognition. The court where the petition for recognition has been filed must be advised of the foreign representative’s intent to commence a case under subsection (a) prior to such commencement. ‘‘§ 1512. Participation of a foreign representative in a case under this title ‘‘Upon recognition of a foreign proceeding, the foreign representative in the recognized proceeding is entitled to participate as a party in interest in a case regarding the debtor under this title. ‘‘§ 1513. Access of foreign creditors to a case under this title ‘‘(a) Foreign creditors have the same rights regarding the commencement of, and participation in, a case under this title as domestic creditors. ‘‘(b)(1) Subsection (a) does not change or codify present law as to the priority of claims under section 507 or 726, except that the claim of a foreign creditor under those sections shall not be given a lower priority than that of general unsecured claims without priority solely because the holder of such claim is a foreign creditor. ‘‘(2)(A) Subsection (a) and paragraph (1) do not change or codify present law as to the allowability of foreign revenue claims or other foreign public law claims in a proceeding under this title. ‘‘(B) Allowance and priority as to a foreign tax claim or other foreign public law claim shall be governed by any applicable tax treaty of the United States, under the conditions and circumstances specified therein. ‘‘§ 1514. Notification to foreign creditors concerning a case under this title ‘‘(a) Whenever in a case under this title notice is to be given to creditors generally or to any class or category of creditors, such notice shall also be given to the known creditors generally, or to creditors in the notified class or category, that do not have addresses in the United States. The court may order that appropriate steps be taken with a view to notifying any creditor whose address is not yet known. ‘‘(b) Such notification to creditors with foreign addresses described in subsection (a) shall be given individually, unless the court considers that, under the circumstances, some other form of notification would be more appropriate. No letter or other formality is required. ‘‘(c) When a notification of commencement of a case is to be given to foreign creditors, such notification shall—

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