Pub. L. 109-8, tit. VIII, sec. 802

OTHER AMENDMENTS TO TITLES 11 AND 28, UNITED STATES CODE.

EnactedYear: 2005Length: 654 wordsOfficial source
SEC. 802. OTHER AMENDMENTS TO TITLES 11 AND 28, UNITED STATES CODE.(a) Applicability of Chapters.—Section 103 of title 11, United States Code, is amended—(1) in subsection (a), by inserting before the period the following: “, and this chapter, sections 307, 362(n), 555 through 557, and 559 through 562 apply in a case under chapter 15”; and(2) by adding at the end the following:“(k) Chapter 15 applies only in a case under such chapter, except that—“(1) sections 1505, 1513, and 1514 apply in all cases under this title; and“(2) section 1509 applies whether or not a case under this title is pending.”.(b) Definitions.—Section 101 of title 11, United States Code, is amended by striking paragraphs (23) and (24) and inserting the following:“(23) ‘foreign proceeding’ means a collective judicial or administrative proceeding in a foreign country, including an interim proceeding, under a law relating to insolvency or adjustment of debt in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation;“(24) ‘foreign representative’ means a person or body, including a person or body appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of such foreign proceeding;”.(c) Amendments to Title 28, United States Code.—(1) Procedures.—Section 157(b)(2) of title 28, United States Code, is amended—(A) in subparagraph (N), by striking “and” at the end;(B) in subparagraph (O), by striking the period at the end and inserting “; and”; and(C) by adding at the end the following:“(P) recognition of foreign proceedings and other matters under chapter 15 of title 11.”.(2) Bankruptcy cases and proceedings.—Section 1334(c) of title 28, United States Code, is amended by striking “Nothing 119 STAT. 146 in” and inserting “Except with respect to a case under chapter 15 of title 11, nothing in”.(3) Duties of trustees.—Section 586(a)(3) of title 28, United States Code, is amended by striking “or 13” and inserting “13, or 15”.(4) Venue of cases ancillary to foreign proceedings.—Section 1410 of title 28, United States Code, is amended to read as follows:“§ 1410. Venue of cases ancillary to foreign proceedings “A case under chapter 15 of title 11 may be commenced in the district court of the United States for the district—“(1) in which the debtor has its principal place of business or principal assets in the United States;“(2) if the debtor does not have a place of business or assets in the United States, in which there is pending against the debtor an action or proceeding in a Federal or State court; or“(3) in a case other than those specified in paragraph (1) or (2), in which venue will be consistent with the interests of justice and the convenience of the parties, having regard to the relief sought by the foreign representative.” .(d) Other Sections of Title 11.—Title 11 of the United States Code is amended—(1) in section 109(b), by striking paragraph (3) and inserting the following:“(3)(A) a foreign insurance company, engaged in such business in the United States; or“(B) a foreign bank, savings bank, cooperative bank, savings and loan association, building and loan association, or credit union, that has a branch or agency (as defined in section 1(b) of the International Banking Act of 1978 in the United States.”;(2) in section 303, by striking subsection (k); (3) by striking section 304;(4) in the table of sections for chapter 3 by striking the item relating to section 304;(5) in section 306 by striking “, 304,” each place it appears;(6) in section 305(a) by striking paragraph (2) and inserting the following:“(2)(A) a petition under section 1515 for recognition of a foreign proceeding has been granted; and“(B) the purposes of chapter 15 of this title would be best served by such dismissal or suspension.”; and(7) in section 508—(A) by striking subsection (a); and(B) in subsection (b), by striking “(b)”.
Pub. L. 109-8, tit. VIII, sec. 802: OTHER AMENDMENTS TO TITLES 11 AND 28, UNITED STATES CODE. | Justis AI