11 U.S.C. § 1516
Section 1516 · Presumptions concerning recognition
This is § 801 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
Amended 1 time on record
Applied in 36 court decisions — leading case In Re SPhinX, Ltd. (2006)
Most recently applied in In re Ascot Fund Ltd. (August 2019)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) If the decision or certificate referred to in section 1515(b) indicates that the foreign proceeding is a foreign proceeding and that the person or body is a foreign representative, the court is entitled to so presume.
(b) The court is entitled to presume that documents submitted in support of the petition for recognition are authentic, whether or not they have been legalized.
(c) In the absence of evidence to the contrary, the debtor's registered office, or habitual residence in the case of an individual, is presumed to be the center of the debtor's main interests.