Is a Foreign Debtor with No Assets in the U.S. Eligible for Chapter 15 Relief?

This article sets forth the statutory provisions that led to the differing results in two cases,and then explores the reasoning of the two opinions.

27 minute read January 28, 2014 at 09:02 AM

Russell C. Silberglied And L. Katherine Good

Is a Foreign Debtor with No Assets in the U.S. Eligible for Chapter 15 Relief?

Does Section 109(a)'s requirement that “only a person that resides or has a domicile, a place of business, or property in the United States ' may be a debtor under this title” apply to foreign debtors in Chapter 15 proceedings?

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