Court disagreement about two matters in chapter 15 rulings impacts whether foreign debtors may acquire relief from the United States Bankruptcy Code. First, courts disagree about whether § 109(a) applies to chapter 15 petitions for recognition. Second, courts use two separate dates to determine the debtor's center of main interests. Some courts use the chapter 15 petition date; other courts look further back and choose the beginning date of the foreign proceeding. For various reasons, § 109(a) was not supposed to apply to chapter 15 petitions, and the commencement date of the foreign proceeding is the correct date to determine a debtor's center of main interests.
Why Two Facets of Chapter 15 Rulings Hinder Cross-Border Insolvency Petitions in the United States,
Emory Bankr. Devs. J.
Available at: https://scholarlycommons.law.emory.edu/ebdj/vol32/iss2/6