San Gabriel Bankruptcy Attorney

TITLE 11 - BANKRUPTCY
CHAPTER 15 - ANCILLARY AND OTHER CROSS-BORDER CASES
    SUBCHAPTER V - CONCURRENT PROCEEDINGS

-HEAD-
    Sec. 1529. Coordination of a case under this title and a foreign
      proceeding

-STATUTE-
      If a foreign proceeding and a case under another chapter of this
    title are pending concurrently regarding the same debtor, the court
    shall seek cooperation and coordination under sections 1525, 1526,
    and 1527, and the following shall apply:
        (1) If the case in the United States pending at the time the
      petition for recognition of such foreign proceeding is filed - 
          (A) any relief granted under section 1519 or 1521 must be
        consistent with the relief granted in the case in the United
        States; and
          (B) section 1520 does not apply even if such foreign
        proceeding is recognized as a foreign main proceeding.

        (2) If a case in the United States under this title commences
      after recognition, or after the date of the filing of the
      petition for recognition, of such foreign proceeding - 
          (A) any relief in effect under section 1519 or 1521 shall be
        reviewed by the court and shall be modified or terminated if
        inconsistent with the case in the United States; and
          (B) if such foreign proceeding is a foreign main proceeding,
        the stay and suspension referred to in section 1520(a) shall be
        modified or terminated if inconsistent with the relief granted
        in the case in the United States.

        (3) In granting, extending, or modifying relief granted to a
      representative of a foreign nonmain proceeding, the court must be
      satisfied that the relief relates to assets that, under the laws
      of the United States, should be administered in the foreign
      nonmain proceeding or concerns information required in that
      proceeding.
        (4) In achieving cooperation and coordination under sections
      1528 and 1529, the court may grant any of the relief authorized
      under section 305.

-SOURCE-
    (Added Pub. L. 109-8, title VIII, Sec. 801(a), Apr. 20, 2005, 119
    Stat. 144.)