Rule 1004.2 Federal Rules of Bankruptcy Procedure

Rule 1004.2 of the Federal Rules of Bankruptcy Procedure is about Petition in a Chapter 15 Case. It is under Part I (Commencement of Case; Proceedings Relating to Petition and Order for Relief) of the Rules.

(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.