Credit: Vitalii Vodolazskyi/Adobe Stock Courts Split Over Requirement for Chapter 15 Jurisdiction In the U.S.
If a foreign debtor doesn't reside in, have a domicile or place of business in, or have property in the U.S., can the foreign representative of the debtor utilize Chapter 15 to obtain discovery to use in the foreign proceeding?
June 13, 2024 at 12:05 PM
7 minute read
BankruptcyWhat You Need to Know
- To file bankruptcy in the U.S., a debtor must reside in, have a domicile or a place of business in, or have property in the United States.
- In cross-border Chapter 15 cases, courts have considered if a foreign debtor must satisfy that jurisdictional test.
- The Eleventh Circuit recently addressed the issue of what happens if the foreign debtor doesn't reside in, have a domicile or place of business in, or have property in the U.S.
To file bankruptcy in the U.S., a debtor must reside in, have a domicile or a place of business in, or have property in the United States. 11 U.S.C. §109(a). In cross border Chapter 15 cases, courts have considered if a foreign debtor must satisfy that jurisdictional test.
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