Page:United States Statutes at Large Volume 119.djvu/161

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[119 STAT. 143]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 143]

PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 143

‘‘SUBCHAPTER IV—COOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES ‘‘§ 1525. Cooperation and direct communication between the court and foreign courts or foreign representatives ‘‘(a) Consistent with section 1501, the court shall cooperate to the maximum extent possible with a foreign court or a foreign representative, either directly or through the trustee. ‘‘(b) The court is entitled to communicate directly with, or to request information or assistance directly from, a foreign court or a foreign representative, subject to the rights of a party in interest to notice and participation. ‘‘§ 1526. Cooperation and direct communication between the trustee and foreign courts or foreign representatives ‘‘(a) Consistent with section 1501, the trustee or other person, including an examiner, authorized by the court, shall, subject to the supervision of the court, cooperate to the maximum extent possible with a foreign court or a foreign representative. ‘‘(b) The trustee or other person, including an examiner, authorized by the court is entitled, subject to the supervision of the court, to communicate directly with a foreign court or a foreign representative. ‘‘§ 1527. Forms of cooperation ‘‘Cooperation referred to in sections 1525 and 1526 may be implemented by any appropriate means, including— ‘‘(1) appointment of a person or body, including an examiner, to act at the direction of the court; ‘‘(2) communication of information by any means considered appropriate by the court; ‘‘(3) coordination of the administration and supervision of the debtor’s assets and affairs; ‘‘(4) approval or implementation of agreements concerning the coordination of proceedings; and ‘‘(5) coordination of concurrent proceedings regarding the same debtor. ‘‘SUBCHAPTER V—CONCURRENT PROCEEDINGS ‘‘§ 1528. Commencement of a case under this title after recognition of a foreign main proceeding ‘‘After recognition of a foreign main proceeding, a case under another chapter of this title may be commenced only if the debtor has assets in the United States. The effects of such case shall be restricted to the assets of the debtor that are within the territorial jurisdiction of the United States and, to the extent necessary to implement cooperation and coordination under sections 1525, 1526, and 1527, to other assets of the debtor that are within the jurisdiction of the court under sections 541(a) of this title, and 1334(e) of title 28, to the extent that such other assets are not subject to the jurisdiction and control of a foreign proceeding that has been recognized under this chapter.

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