§ 306. Limited appearance
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/usc/title-11/section-306A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An appearance in a bankruptcy court by a foreign representative in connection with a petition or request under section 303 or 305 of this title does not submit such foreign representative to the jurisdiction of any court in the United States for any other purpose, but the bankruptcy court may condition any order under section 303 or 305 of this title on compliance by such foreign representative with the orders of such bankruptcy court.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2561; Pub. L. 109–8, title VIII, § 802(d)(5), Apr. 20, 2005, 119 Stat. 146.)
Historical and Revision Notes
senate report no. 95–989
Section 306 permits a foreign representative that is seeking dismissal or suspension under section 305 of an ancillary case or that is appearing in connection with a petition under section 303 or 304 to appear without subjecting himself to the jurisdiction of any other court in the United States, including State courts. The protection is necessary to allow the foreign representative to present his case and the case of the foreign estate, without waiving the normal jurisdictional rules of the foreign country.
That is, creditors in this country will still have to seek redress against the foreign estate according to the host country’s jurisdictional rules. Any other result would permit local creditors to obtain unfair advantage by filing an involuntary case, thus requiring the foreign representative to appear, and then obtaining local jurisdiction over the representative in connection with his appearance in this country. That kind of bankruptcy law would legalize an ambush technique that has frequently been rejected by the common law in other contexts.
However, the bankruptcy court is permitted under section 306 to condition any relief under section 303, 304, or 305 on the compliance by the foreign representative with the orders of the bankruptcy court. The last provision is not carte blanche to the bankruptcy court to require the foreign representative to submit to jurisdiction in other courts contrary to the general policy of the section. It is designed to enable the bankruptcy court to enforce its own orders that are necessary to the appropriate relief granted under section 303, 304, or 305.
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U.S. Code
6 references not yet in our index
- Pub. L. 95–598
- 92 Stat. 2561
- Pub. L. 109–8, title VIII, § 802(d)(5)
- 119 Stat. 146
- Pub. L. 109–8
- section 1501 of Pub. L. 109–8
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cites case law
§ 306
Limited appearance
Stat.×1
Pub. L.Pub. L. 95–598
Stat.92 Stat. 2561
Pub. L.Pub. L. 109–8, title VIII, § 802(d)(5)
Stat.119 Stat. 146
Pub. L.Pub. L. 109–8
Cites 7 · showing 6Cited by 1 across 1 source