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TITLE 11BANKRUPTCY
CHAPTER 3CASE ADMINISTRATION
Sub Chapter Commencement of a Case
Sec. 306. Limited appearance
An appearance in a bankruptcy court by a foreign representative in
connection with a petition or request under section 303, 304, 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, 304,
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.)
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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Note: For affordable legal assistance The Center For Debt Management highly recommends Standard Legal's Do-It-Yourself Bankruptcy Forms Software Kits. For credit repair services, the most trusted law firm in America with over 15 years of experience is Lexington Law Firm.

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