Ninth Circuit's Chapter 15 Ruling: Appeal Can't Turn Back Time

In a Chapter 15 case, the automatic stay generally applies only at such time that the U.S. bankruptcy court later enters an order recognizing the foreign bankruptcy as a main proceeding under Chapter 15 or, in the event of recognition as a foreign nonmain proceeding, the court exercises its discretion to grant equivalent provisional relief. Check out this expertly drafted article discussing a recent Ninth Circuit case addressing, among other things, whether the automatic stay triggered by recognition of a foreign bankruptcy proceeding under Chapter 15 applies retroactively if a bankruptcy order denying recognition is later reversed on appeal.

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Related Content

• Chapter 15: Recent Developments
  Check out this practice note for information on recent developments in Chapter 15 of the Bankruptcy Code.

• Filing a Chapter 15 Case
  Read this discussion of the pre-filing considerations and requirements for filing a Chapter 15 bankruptcy case.

• Chapter 15 Overview
  Get an overview of Chapter 15 of the Bankruptcy Code.

• Automatic Stay Resource Kit
  Check out this resource kit covering the automatic stay, including detailed practice notes, templates, and checklists.

• Cross-Border Chapter 11 and Ancillary Chapter 15 Case Comparison Chart
  Use this chart to understand the differences between a bankruptcy case involving a foreign debtor commenced under Chapter 11 and one commenced under Chapter 15.

• Final Recognition of a Foreign Proceeding
  See discussion of final recognition of a foreign proceeding under Chapter 15 of the Bankruptcy Code.

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