(a)The purpose of this chapter is to incorporate the Model Law on Cross-Border Insolvency so as to provide effective mechanisms for dealing with cases of cross-border insolvency with the objectives of—
(A)courts of the United States, United States trustees, trustees, examiners, debtors, and debtors in possession; and
(B)the courts and other competent authorities of foreign countries involved in cross-border insolvency cases;
(2)greater legal certainty for trade and investment;
(3)fair and efficient administration of cross-border insolvencies that protects the interests of all creditors, and other interested entities, including the debtor;
(4)protection and maximization of the value of the debtor’s assets; and
(5)facilitation of the rescue of financially troubled businesses, thereby protecting investment and preserving employment.
(b)This chapter applies where—
(1)assistance is sought in the United States by a foreign court or a foreign representative in connection with a foreign proceeding;
(2)assistance is sought in a foreign country in connection with a case under this title;
(3)a foreign proceeding and a case under this title with respect to the same debtor are pending concurrently; or
(4)creditors or other interested persons in a foreign country have an interest in requesting the commencement of, or participating in, a case or proceeding under this title.
(c)This chapter does not apply to—
(1)a proceeding concerning an entity, other than a foreign insurance company, identified by exclusion in section
(2)an individual, or to an individual and such individual’s spouse, who have debts within the limits specified in section
109(e) and who are citizens of the United States or aliens lawfully admitted for permanent residence in the United States; or
(3)an entity subject to a proceeding under the Securities Investor Protection Act of 1970, a stockbroker subject to subchapter
III of chapter
7 of this title, or a commodity broker subject to subchapter
IV of chapter
7 of this title.
(d)The court may not grant relief under this chapter with respect to any deposit, escrow, trust fund, or other security required or permitted under any applicable State insurance law or regulation for the benefit of claim holders in the United States.
The Securities Investor Protection Act of 1970, referred to in subsec. (c)(3), is Pub. L. 91–598, Dec. 30, 1970, 84 Stat. 1636, as amended, which is classified generally to chapter 2B–1 (§ 78aaa et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section
78aaa of Title
15 and Tables.
Chapter effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 ofPub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section
101 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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