What Is Chapter 15 Bankruptcy? (2024)

By

David Haynes

David Haynes is a full-time attorney experienced in basic bankruptcy concepts, as well as secured transactions, liens, and lawsuits in bankruptcy court. He currently serves as the senior attorney and privacy officer at the Office of Systems Integration in Sacramento. Over the course of the last decade, he has written about complex bankruptcy topics for various publications, including The Balance and the Loyola Los Angeles Entertainment Law Review. He also provides legal advice relating to complex, sensitive, and high-profile IT contracts.

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Updated on February 3, 2022

Reviewed by

Thomas J. Catalano

What Is Chapter 15 Bankruptcy? (1)

Thomas J Catalano is a CFP and Registered Investment Adviser with the state of South Carolina, where he launched his own financial advisory firm in 2018.Thomas' experience gives him expertise in a variety of areas including investments, retirement, insurance, and financial planning.

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What Is Chapter 15 Bankruptcy? (2)

Definition

Chapter 15 bankruptcy is legal filing that allows a foreign debtor to file for bankruptcy in the United States court system. It is used for insolvency cases that involve people or businesses with assets in more than one country.

Key Takeaways

  • Chapter 15 bankruptcy allows a foreign debtor to file for bankruptcy in the United States.
  • It is used for insolvency cases that involve people or businesses with assets in more than one country.
  • Chapter 15's primary objectives are to increase international cooperation and legal certainty for businesses and individuals that hold assets in multiple countries.
  • A Chapter 15 proceeding is generally the secondary bankruptcy proceeding for the foreign individual or entity, with the main one taking place in a foreign country.

Definition and Example of Chapter 15 Bankruptcy

Chapter 15 bankruptcy allows foreign nationals to file for bankruptcy in the U.S. bankruptcy courts if they have assets, property, or business in multiple countries, including the United States. It was added to the Bankruptcy Code in 2005 by the Bankruptcy Abuse Prevention and Consumer Protection Act. Chapter 15 is the newest adoption of the Model Law on Cross-Border Insolvency, which was created by the United Nations Commission on International Trade Law ("UNCITRAL") in 1997.

Note

Chapter 15 replaced section 304 of the Bankruptcy Code.

Chapter 15 bankruptcy is found in the United States Code, 11 U.S.C. §15. It has five primary objectives:

  • Cooperation between the courts and parties of interest in the United States with the courts, parties of interest, and other authorities of foreign countries involved in international insolvency cases.
  • Increased legal certainty for trade and investment.
  • Efficient and fair administration of cross-border insolvencies while protecting the interests of all creditors and interested parties, including the debtor.
  • Protect and maximize the value of the debtor's assets.
  • Facilitate the rescue of financially troubled businesses to protect investment and preserve employment.

A Chapter 15 proceeding is generally the secondary bankruptcy proceeding for the foreign individual or entity. The main proceeding typically takes place in the foreigner's home country.

Note

A foreign company may choose to file a case under Chapter 7 or Chapter 11 of the U.S. Bankruptcy Code, instead of Chapter 15, if itsassets or entanglements with U.S. commerce are sufficiently complex.

How Chapter 15 Bankruptcy Works

A foreign company may choose to file a Chapter 15 proceeding if an insolvency case is pending in another country. When this happens, the petition must prove that the foreign proceeding exists.

After the filing, the bankruptcy court will designate the foreign proceeding as either "foreign main proceeding" or "foreign non-main proceeding," with the difference being that in a non-main proceeding, the debtor does not have its main interests in that country. Upon the recognition of a foreign main proceeding, the automatic stay goes into effect in the United States to protect the assets of the foreign debtor that are within the United States.

Once a foreign entity files for bankruptcy under Chapter 15, the U.S. bankruptcy court can authorize the appointment of a trustee or examiner to act in the other country on behalf of the bankruptcy estate in the United States. Chapter 15 also:

  • Allows U.S. courts to offer additional aid to foreign representatives when the laws of the foreign country do not violate U.S. laws.
  • Allows U.S. courts to offer additional assistance to foreign nationals filing bankruptcy cases when the laws of the foreign court may be lacking.
  • Gives foreign creditors the right to participate in bankruptcy cases in the U.S.
  • Prevents discrimination against foreign creditors in bankruptcy cases.
  • Requires notice to foreign creditors in bankruptcy cases filed in the U.S.
  • Gives foreign creditors the right to file claims in U.S. bankruptcy cases.

The U.S. bankruptcy court is instructed to "cooperate to the maximum extent possible" with foreign courts and entities, so the U.S. court will defer to many actions of the foreign court in Chapter 15 cases. This approach promotes cooperation with foreign nations and courts not only in allowing for a foreign entity to protect its rights in the United Statesbut also to avoid excessive interference in aforeign country's affairs.

Note

Chapter 15 is one of the least-used types of bankruptcy in the United States system. Chapter 9, bankruptcy for municipalities, is also infrequently used.

Notable Happenings

Since it was created, few cases have been filed under Chapter 15 each year.

Chapter 15 Bankruptcy Cases Filed in the U.S.
Year# of Cases
20056*
200675
200742
200876
2009136
2010124
201158
2012121
201388
201458
201591
2016179
201786
2018100
2019130
2020236

As of the first quarter of 2021, the highest number of Chapter 15 bankruptcy cases have been filed in 2009, 2016, 2019, and 2020.

During the spring of 2020, a number of foreign companies filed for Chapter 15 bankruptcy, including:

  • French media company Technicolor SA
  • Canadian tea distributor DAVIDsTEA
  • Australian airline Virgin Australia
  • Canadian circus company Cirque du Soleil Entertainment Group

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Sources

The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.

  1. United States Courts. "Chapter 15 - Bankruptcy Basics: Ancillary and Other Cross-Border Cases." Accessed Feb. 3, 2022.

  2. GovInfo.gov. "US Code 2010: Title 11 - Bankruptcy: Chapter 15 - Ancillary and Other Cross-Boarder Cases." Accessed Feb. 3, 2022.

  3. GovInfo.gov. "US Code 2010: Title 11 - Bankruptcy: Chapter 15 - Ancillary and Other Cross-Boarder Cases: Subchapter IV - Cooperate with Foreign Courts and Foreign Representatives." Accessed Feb. 3, 2022.

  4. American Bankruptcy Institute. "Chapter 15 Quarterly Filings (2005- Present) Ancillary and Other Cross-Border Cases." Accessed Feb. 3, 2022.

  5. Animation World Network. "Technicolor Files for Chapter 15 in US Citing COVID-19 Impact." Accessed Feb. 3, 2022.

  6. DAVIDsTEA. "DAVIDsTEA to Implement Restructuring Plan Under Companies’ Creditors Arrangement Act." Accessed Feb. 3, 2022.

  7. Deloitte. "Virgin Australia Holdings Limited and Subsidiaries Chapter 15 information (United States)." Accessed Feb. 3, 2022.

  8. Cirque du Soleil. "Press Releases: Cirque du Soleil Entertainment Group Announces Comprehensive Plan to Restart Business." Accessed Feb. 3, 2022.

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What Is Chapter 15 Bankruptcy? (2024)

FAQs

What Is Chapter 15 Bankruptcy? ›

Chapter 15 – This chapter of the bankruptcy code

bankruptcy code
Title 11 of the United States Code, also known as the United States Bankruptcy Code, is the source of bankruptcy law in the United States Code.
https://en.wikipedia.org › Title_11_of_the_United_States_Code
allows for the recognition in the U.S. of foreign bankruptcy proceedings and access to domestic judicial proceedings by foreign representatives. Find detailed information for all chapters of bankruptcy on the U.S. Courts Bankruptcy Basics Web page.

What is the purpose of Chapter 15? ›

One of the most important goals of chapter 15 is to promote cooperation and communication between U.S. courts and parties of interest with foreign courts and parties of interest in cross-border cases.

What is the difference between Chapter 11 and Chapter 15 bankruptcy? ›

In contrast to a case under Chapter 11 of the Bankruptcy Code, which centralizes a company's debt adjustment efforts in the U.S. and provides for expansive oversight and supervision by a U.S. court, a Chapter 15 recognition proceeding is an ancillary proceeding in which the U.S. court acknowledges the foreign ...

What is the Article 15 bankruptcy? ›

Recognition of Foreign Bankruptcy Cases under Chapter 15

Chapter 15 was enacted in 2005 to govern cross-border bankruptcy and insolvency proceedings. It is patterned on the 1997 UNCITRAL Model Law on Cross-Border Insolvency (the "Model Law"), which has been enacted in some form by more than 50 countries.

What is the most common bankruptcy chapter? ›

Chapter 7 Bankruptcy

Also known as liquidation or straight bankruptcy, Chapter 7 is the most common type of bankruptcy for individuals. A court-appointed trustee oversees the liquidation (sale) of your assets (anything you own that has value) to pay off your creditors (the people you owe money to).

What happens at the jail Chapter 15? ›

At the jail, a lynch mob wants to carry out vigilante justice on Tom and confronts Atticus Finch, Tom's solitary defender.

What happens in Chapter 15 of On the Come Up? ›

Chapter Fifteen

Bri gets invited to do another battle at the Ring. On the way there, Aunt Pooh confronts Bri about releasing the song and about wearing Lawless's chain out in the open, which Aunt Pooh thinks is dangerous.

What type of bankruptcy is Chapter 15? ›

Chapter 15 – This chapter of the bankruptcy code allows for the recognition in the U.S. of foreign bankruptcy proceedings and access to domestic judicial proceedings by foreign representatives. Find detailed information for all chapters of bankruptcy on the U.S. Courts Bankruptcy Basics Web page.

Does Chapter 11 hurt personal credit? ›

It can, but it's not always assured of doing so. Thus, the effects of a Chapter 11 bankruptcy on one's personal credit score vary depending on the individual's financial situation and terms with creditors prior to and after filing.

What do you lose in Chapter 11 bankruptcy? ›

The Chapter 11 Debtor in Possession

A corporation exists separate and apart from its owners, the stockholders. The chapter 11 bankruptcy case of a corporation (corporation as debtor) does not put the personal assets of the stockholders at risk other than the value of their investment in the company's stock.

What files for Chapter 15? ›

Chapter 15 bankruptcy filings allow foreign entities or entities with investors across international jurisdictions to file for bankruptcy proceedings in the United States court system.

Who gets paid first in Chapter 11? ›

Secured creditors are first in line, as their claims over assets are often secured by collateral and a contract. Some assets may have multiple liens placed upon them; in these cases, the first lien has priority over the second lien.

What is an Article 15 given for? ›

Article 15s are considered nonjudicial punishment under the UCMJ. Article 15s are a mechanism that allow the chain of command to punish a Soldier for offenses under the UCMJ without formally charging him/her at a court-martial. Article 15s are governed by AR 27-10, Chapter 3.

What chapter is the best for bankruptcy? ›

Most people prefer Chapter 7 bankruptcy because, unlike Chapter 13 bankruptcy, it doesn't require you to repay a portion of your debt to creditors. In Chapter 13 bankruptcy, you must pay your creditors all of your disposable income—the amount remaining after allowed monthly expenses—for three to five years.

Does Chapter 11 wipe out all debt? ›

While Chapter 11 bankruptcy does not typically clear debts, it may allow you to retain assets and to operate a business if you have one. When you file a petition for Chapter 11 bankruptcy, your creditors must suspend attempts to collect the debt and repossess or foreclose on any property.

What is the least complicated bankruptcy? ›

Filing Chapter 7 Is Less Complicated

Yes, anyone can file without an attorney, otherwise called filing “pro se.” Needed forms are available online, and if your case is relatively simple it can be done pro se.

What is the significance of Chapter 15 in the giver? ›

Chapter 15 of The Giver by Lois Lowry represents an important turning event in the novel. During this chapter, Jonas is faced with one of the most difficult memories The Giver has to give, and this poses as a significant event in Jonas's development.

Why is Chapter 15 in things fall apart important? ›

Summary: Chapter 15

The village elders consulted their oracle, which prophesied that the white man would be followed by others, who would bring destruction to Abame. The villagers killed the white man and tied his bicycle to their sacred tree to prevent it from getting away and telling the white man's friends.

What does Mark chapter 15 teach us? ›

In Mark Chapter 15we read about how Pilate asked the blood-thirsty crowd if they wanted to release Jesus. Pilate understood that Jesus had done nothing wrong. He also understood the motivation behind the chief priests and their desire to see Jesus put to death.

What is Chapter 15 about in the help? ›

Summary: Aibileen, Chapter 15

The day after Medgar Evers's funeral, Aibileen tells Mae Mobley a story about two girls, one Black and one white, who see that they are the same except for the color of their skin. A few days later, Aibileen goes with Elizabeth and Mae Mobley to the country club as Hilly's guest.

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