PUBLIC LAW 109–8—APR. 20, 2005
119 STAT. 139
‘‘(1) indicate the time period for filing proofs of claim and specify the place for filing such proofs of claim; ‘‘(2) indicate whether secured creditors need to file proofs of claim; and ‘‘(3) contain any other information required to be included in such notification to creditors under this title and the orders of the court. ‘‘(d) Any rule of procedure or order of the court as to notice or the filing of a proof of claim shall provide such additional time to creditors with foreign addresses as is reasonable under the circumstances. ‘‘SUBCHAPTER III—RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF ‘‘§ 1515. Application for recognition ‘‘(a) A foreign representative applies to the court for recognition of a foreign proceeding in which the foreign representative has been appointed by filing a petition for recognition. ‘‘(b) A petition for recognition shall be accompanied by— ‘‘(1) a certified copy of the decision commencing such foreign proceeding and appointing the foreign representative; ‘‘(2) a certificate from the foreign court affirming the existence of such foreign proceeding and of the appointment of the foreign representative; or ‘‘(3) in the absence of evidence referred to in paragraphs (1) and (2), any other evidence acceptable to the court of the existence of such foreign proceeding and of the appointment of the foreign representative. ‘‘(c) A petition for recognition shall also be accompanied by a statement identifying all foreign proceedings with respect to the debtor that are known to the foreign representative. ‘‘(d) The documents referred to in paragraphs (1) and (2) of subsection (b) shall be translated into English. The court may require a translation into English of additional documents.
Certification.
‘‘§ 1516. Presumptions concerning recognition ‘‘(a) If the decision or certificate referred to in section 1515(b) indicates that the foreign proceeding is a foreign proceeding and that the person or body is a foreign representative, the court is entitled to so presume. ‘‘(b) The court is entitled to presume that documents submitted in support of the petition for recognition are authentic, whether or not they have been legalized. ‘‘(c) In the absence of evidence to the contrary, the debtor’s registered office, or habitual residence in the case of an individual, is presumed to be the center of the debtor’s main interests. ‘‘§ 1517. Order granting recognition ‘‘(a) Subject to section 1506, after notice and a hearing, an order recognizing a foreign proceeding shall be entered if— ‘‘(1) such foreign proceeding for which recognition is sought is a foreign main proceeding or foreign nonmain proceeding within the meaning of section 1502; ‘‘(2) the foreign representative applying for recognition is a person or body; and ‘‘(3) the petition meets the requirements of section 1515.
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