Chapter 15: Hearing on Petition to Recognize Foreign Proceeding

2002(q) -- Chapter 15: Hearing on Petition to Recognize Foreign Proceeding

A foreign representative of a foreign proceeding begins a chapter 15 case by filing a Petition for Recognition of Foreign Proceeding, pursuant to Bankruptcy Code Sections 1504 and 1515.

FRBP 2002(q) requires a hearing for the court to rule on the request to recognize the petition and identifies the parties that must be served with the petition and the notice of hearing. The court does not have a form notice of hearing that is specific to this situation.

FRBP 1004.2, 1012, and 1018 contain provisions that apply when a party contests the petition for recognition, including whether the proceeding should be designated as a foreign main proceeding. NOTE: FRBP 1018 authorizes parties to utilize specified provisions of the FRBP Part VII Rules in a proceeding to contest a petition for recognition.

FRBP 1014 contains provisions that apply when multiple petitions for recognition are filed.

FRBP 5012 contains provisions that apply when a motion is filed to approve an agreement to coordinate proceedings in a chapter 15 case under Code section 1527(4). The movant must provide at least 30 days notice of the hearing.

Section:

Section 4 - Match Local Bankruptcy Rules with Forms

Section Number or LBR Number:

2002(q)

Reference to Local Rules and/or Forms:

Hearing Notice

Reference to Common Links:

Bankruptcy Code Chapter 15

FRBP 2002(q) -- Requirements to Provide Notice of a Hearing on Petition to Recognize Foreign Proceeding

FRBP 1004.2 -- When a Party Opposes the Designation of Center of Main Interests

FRBP 1012 -- Who May File an Opposition to Petition to Recognize Foreign Main Proceeding

FRBP 1018 -- Application of other FRBP to a Hearing on Petition to Recognize Foreign Proceeding