Chapter 15 Recognition in the United States: Is a Debtor “Presence” Required?
Bibliographic record
Abstract
Abstract A recent appellate decision in the USA (In re Barnet) confuses the foreign debtor with the foreign insolvency representative. Notwithstanding the focus of US bankruptcy law on a foreign proceeding as the object of an ancillary case under Chapter 15, with the foreign representative as its emissary, the decision dismayed the international insolvency community by ruling that section 109(a) of the Bankruptcy Code applies to recognition under Chapter 15. The result is to require that the debtor in a foreign proceeding has some minimum jurisdictional presence in the USA as a condition of Chapter 15 recognition. Such a presence might include a domicile, a place of business, or property. While there might be a “backdoor” device avoiding this result, the decision creates serious confusion and a potential obstacle to full international recognition. Copyright © 2015 INSOL International and John Wiley & Sons, Ltd
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.009 | 0.016 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.003 | 0.005 |
| Scholarly communication | 0.010 | 0.004 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.007 | 0.007 |
| Insufficient payload (model declined to judge) | 0.007 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".