2002-1(f) -- Chapter 15:  Notice of Hearing on Petition to Recognize Foreign Proceeding

** UPDATED 10-21-2024 **

A foreign representative of a foreign proceeding begins a chapter 15 case by filing a Petition for Recognition of Foreign Proceeding, pursuant to Bankruptcy Code Sections 1504 and 1515.

1. FRBP 1004.2, 1012, and 1018 contain provisions that apply when a party contests the petition for recognition, including whether the proceeding should be designated as a foreign main proceeding.  NOTE:  FRBP 1018 authorizes parties to utilize specified provisions of the FRBP Part VII Rules in a proceeding to contest a petition for recognition.  
2. FRBP 1014 contains provisions that apply when multiple petitions for recognition are filed. 
3. FRBP 5012 contains provisions that apply when a motion is filed to approve an agreement to coordinate proceedings in a chapter 15 case under Code section 1527(4).  The movant must provide at least 30 days notice of the hearing. 
4. FRBP 2002(q) requires a hearing for the court to rule on the request to recognize the petition and identifies the parties that must be served with the petition and the notice of hearing.  This is a change, because prior to implementation of FRBP 2002(q), a summons was required to set a hearing on the petition for recognition of a foreign proceeding.   
5. A new LBR 2002-1(f) has been approved by the Board of Judges, which clarifies that a notice of hearing is the correct procedure.
6. A new LBR form F 2002-1.4.ORDER.NOTICE.HEARING.CH15.PET is mandatory.  See link below