11 U.S.C. Section 1515 - Application for Recognition

What Is Section 1515?

Section 1515 is the procedural entry point to Chapter 15 of the Bankruptcy Code. Chapter 15, enacted in 2005 as the United States' adoption of the UNCITRAL Model Law on Cross-Border Insolvency (1997), provides the exclusive door through which a foreign insolvency proceeding can obtain U.S. recognition and ancillary relief.

Section 1515 itself does not adjudicate recognition; it sets out what a foreign representative must file to commence a case and seek recognition. The substantive standards for recognition appear in Section 1517, and the effects of recognition appear in Section 1520.

Who May File: The Foreign Representative

Only a "foreign representative" as defined in Section 101(24) may file a Section 1515 petition. A foreign representative is a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or liquidation of the debtor's assets or affairs or to act as a representative of the foreign proceeding.

The foreign representative's authority must derive from the foreign court or other competent authority. A creditor, equity holder, or other interested party in the foreign proceeding has no independent right to file under Section 1515; recognition is a representative-initiated remedy.

Required Documents: Section 1515(b)

Section 1515(b) requires the petition to be accompanied by one of the following:

• (b)(1): A certified copy of the decision commencing the foreign proceeding and appointing the foreign representative.
• (b)(2): A certificate from the foreign court affirming the existence of the foreign proceeding and the appointment of the foreign representative.
• (b)(3): In the absence of either, any other evidence acceptable to the court of the existence of the foreign proceeding and of the appointment of the foreign representative.

This flexible-evidence regime is borrowed from Article 15 of the Model Law and accommodates differences in foreign-court practice. A foreign jurisdiction that does not issue formal "certifications" can still satisfy the section through other admissible evidence.

Statement of Other Proceedings: Section 1515(c)

Section 1515(c) requires the petition to include "a statement identifying all foreign proceedings with respect to the debtor that are known to the foreign representative." This disclosure permits the U.S. court to understand the broader cross-border landscape and to address potential conflicts of competing main and non-main proceedings under Section 1530.

Translation and Authentication: Section 1515(d)

Section 1515(d) authorizes the court to require translations of documents supplied in support of the petition. Translations are typically required for non-English-language documents. Authentication standards follow Federal Rule of Evidence 902 and the Hague Apostille Convention where applicable; the rules of Bankruptcy Rule 1007 and the official Chapter 15 forms govern format.

What Happens After Filing

The Section 1515 petition opens a "case ancillary to a foreign proceeding." The U.S. court then sets a recognition hearing. At the hearing the court determines, under Section 1517, whether the foreign proceeding is entitled to recognition as either a "foreign main proceeding" (commenced in the country of the debtor's center of main interests, or COMI) or a "foreign non-main proceeding" (commenced in a country where the debtor has an "establishment").

Pending the recognition determination, the foreign representative may seek provisional relief under Section 1519. After recognition, the relief regime depends on whether recognition is as a main or non-main proceeding.

Major Doctrinal Cases

• In re Bear Stearns High-Grade Structured Credit Strategies Master Fund, Ltd., 374 B.R. 122 (Bankr. S.D.N.Y. 2007), aff'd, 389 B.R. 325 (S.D.N.Y. 2008) - Foundational Chapter 15 decision discussing COMI evidence required at the Section 1515 stage.
• In re SPhinX, Ltd., 351 B.R. 103 (Bankr. S.D.N.Y. 2006), aff'd, 371 B.R. 10 (S.D.N.Y. 2007) - Early decision discussing the structure of the Section 1515 filing and the relationship between recognition petition and the substantive criteria of Section 1517.
• In re Fairfield Sentry Ltd., 714 F.3d 127 (2d Cir. 2013) - Discussed the petition-date COMI determination relevant to Section 1515 filings.
• In re Stanford International Bank, Ltd., 504 B.R. 27 (Bankr. S.D.N.Y. 2014), aff'd, 553 B.R. 56 (S.D.N.Y. 2016) - Substantial discussion of recognition petition evidentiary requirements.
• In re Ran, 607 F.3d 1017 (5th Cir. 2010) - Discussed adequacy of documentary support under Section 1515(b)(3).

Related Bankruptcy Code Sections

• Section 101 - Definitions including "foreign proceeding," "foreign representative," and "foreign main proceeding"
• Section 1502 - Chapter-15-specific definitions
• Section 1517 - Order granting recognition
• Section 1519 - Relief that may be granted upon filing petition for recognition
• Section 1520 - Effects of recognition of a foreign main proceeding
• Section 1521 - Relief that may be granted upon recognition