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The Bankruptcy StrategistFeaturesBankruptcyInternational LawLitigation

Courts Split Over Requirement for Chapter 15 Jurisdiction In the U.S.

By Daniel A. Lowenthal
June 01, 2024

To file bankruptcy in the U.S., a debtor must reside in, have a domicile or a place of business in, or have property in the United States. 11 U.S.C. §109(a). In cross-border Chapter 15 cases, courts have considered if a foreign debtor must satisfy that jurisdictional test.

In 2013, the Second Circuit said the test must be satisfied. See, Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), 737 F.3d 238 (2d Cir. 2013). But in April, the Eleventh Circuit did not apply section 109(a) based on case precedent in the Circuit. See, Al Zawawi v. Diss (In re Al Zawawi), No. 22-110224, 2024 U.S. App. LEXIS 7955 (11th Cir. Apr. 3, 2024).

In a Chapter 15 case, a foreign representative of a debtor in an insolvency case in another country files a petition in the U.S. for recognition of the foreign case. The Chapter 15 case is ancillary to the foreign case and not a full plenary U.S. bankruptcy case.

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