Presumption of insolvency based on recognition of a foreign main proceeding

  1. Law
  2. USC 11
  3. Bankruptcy
  4. ANCILLARY AND OTHER CROSS-BORDER CASES
  5. CONCURRENT PROCEEDINGS
  6. Presumption of insolvency based on recognition of a foreign main proceeding

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§1531. Presumption of insolvency based on recognition of a foreign main proceeding

In the absence of evidence to the contrary, recognition of a foreign main proceeding is, for the purpose of commencing a proceeding under section 303, proof that the debtor is generally not paying its debts as such debts become due.

(Added Pub. L. 109–8, title VIII, §801(a), Apr. 20, 2005, 119 Stat. 144 .)


Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section 101 of this title.


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