Rule 1004.2 Petition in Chapter 15 Cases
(a) Designating Center of Main Interests. A petition for recognition of a foreign proceeding under chapter 15 of the Code shall state the country where the debtor has its center of main interests. The petition shall also identify each country in which a foreign proceeding by, regarding, or against the debtor is pending.
(b) Challenging Designation. The United States trustee or a party in interest may file a motion for a determination that the debtor’s center of main interests is other than as stated in the petition for recognition commencing the chapter 15 case. Unless the court orders otherwise, the motion shall be filed no later than seven days before the date set for the hearing on the petition. The motion shall be transmitted to the United States trustee and served on the debtor, all persons or bodies authorized to administer foreign proceedings of the debtor, all entities against whom provisional relief is being sought under § 1519 of the Code, all parties to litigation pending in the United States in which the debtor was a party as of the time the petition was filed, and such other entities as the court may direct.
(Added Apr. 26, 2011, eff. Dec. 1, 2011.)
Committee Notes on Rules — 2011 Amendment
This rule is new. Subdivision (a) directs any entity that files a petition for recognition of a foreign proceeding under chapter 15 of the Code to state in the petition the center of the debtor’s main interests. The petition must also list each country in which a foreign proceeding involving the debtor is pending. This information will assist the court and parties in interest in determining whether the foreign proceeding is a foreign main or nonmain proceeding.
Subdivision (b) sets a deadline of seven days prior to the hearing on the petition for recognition for filing a motion challenging the statement in the petition regarding the country in which the debtor’s center of main interests is located.
Changes Made After Publication
The rule was first published for comment in August 2008. After publication, the deadline in subdivision (b) for challenging the designation of the center of the debtor’s main interests was changed from “60 days after the notice of the petition has been given” to “no later than seven days before the date set for the hearing on the petition.”
The rule as revised was published in August 2009. Minor stylistic changes were made to the rule’s language and the Committee Note following that publication.
No comments were submitted on proposed Rule 1004.2 after its republication in August 2009.