11 U.S.C. § 1516 — Presumptions concerning recognition
submitted 21 years ago by Pub. L. 109-8 to r/title-11-BANKRUPTCY · 96 words · no verdicts yet
A court may presume that qualifying decisions and certificates establish a foreign proceeding and representative, and that supporting documents are authentic. Without contrary evidence, the debtor’s registered office or an individual debtor’s habitual residence is presumed to be the center of main interests.
(a) If the decision or certificate described in section 1515(b) says that the proceeding is a foreign proceeding* and that the person or body is a foreign representative*, the court may presume those facts. (b) The court may presume that documents supporting a recognition petition are authentic, whether or not they have been legalized. (c) Unless there is contrary evidence, the debtor’s registered office, or an individual debtor’s habitual residence, is presumed to be the center of the debtor’s main interests.
If the decision or certificate referred to in section 1515(b) indicates that the foreign proceeding* is a foreign proceeding and that the person or body is a foreign representative*, the court is entitled to so presume.
The court is entitled to presume that documents submitted in support of the petition for recognition are authentic, whether or not they have been legalized.
In the absence of evidence to the contrary, the debtor’s registered office, or habitual residence in the case of an individual, is presumed to be the center of the debtor’s main interests.
Source credit: (Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 139.)
- 2005Enacted · Pub. L. 109-8 · 119 Stat. 139
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-8 on 2005-04-20.
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