Rule 1004.2. Petition in a Chapter 15 Case

(a) Designating the Center of Main Interests. A petition under Chapter 15 for recognition of a foreign proceeding must:

(1) designate the country where the debtor has its center of main interests; and

(2) identify each country in which a foreign proceeding against, by, or regarding the debtor is pending.

(b) Challenging the Designation. The United States trustee or a party in interest may file a motion challenging the designation. If the motion is filed by a party in interest, a copy must be sent to the United States trustee. Unless the court orders otherwise, the motion must be filed at least 7 days before the date set for the hearing on the petition. The motion must be served on:

• the debtor;

• all persons or bodies authorized to administer the debtor's foreign proceedings;

• all entities against whom provisional relief is sought under §1519;

• all parties to litigation pending in the United States in which the debtor was a party when the petition was filed; and

• any other entity as the court orders.

(Added Apr. 26, 2011, eff. Dec. 1, 2011; amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Committee Notes on Rules-2011

This rule is new. Subdivision (a) directs any entity that files a petition for recognition of a foreign proceeding under chapter 15 of the Code to state in the petition the center of the debtor's main interests. The petition must also list each country in which a foreign proceeding involving the debtor is pending. This information will assist the court and parties in interest in determining whether the foreign proceeding is a foreign main or nonmain proceeding.

Subdivision (b) sets a deadline of seven days prior to the hearing on the petition for recognition for filing a motion challenging the statement in the petition regarding the country in which the debtor's center of main interests is located.

Changes Made After Publication. The rule was first published for comment in August 2008. After publication, the deadline in subdivision (b) for challenging the designation of the center of the debtor's main interests was changed from "60 days after the notice of the petition has been given" to "no later than seven days before the date set for the hearing on the petition."

The rule as revised was published in August 2009. Minor stylistic changes were made to the rule's language and the Committee Note following that publication.

No comments were submitted on proposed Rule 1004.2 after its republication in August 2009.

Committee Notes on Rules-2024 Amendment

The language of Rule 1004.2 has been amended as part of the general restyling of the Bankruptcy Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.