---
kind: "section"
citation: "11 U.S.C. § 1509"
title: "11"
title_heading: "Bankruptcy"
number: "1509"
heading: "Right of direct access"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/11/1509"
units:
  - "Chapter 15 — Ancillary and Other Cross-Border Cases"
  - "Subchapter II — Access of Foreign Representatives and Creditors to the Court"
---

# §1509. Right of direct access

- (a) A [foreign representative](/usc/11/101.md?p=24) may commence a case under [section 1504](/usc/11/1504.md) by filing directly with the court a [petition](/usc/11/101.md?p=42) for [recognition](/usc/11/1502.md?p=7) of a [foreign proceeding](/usc/11/101.md?p=23) under section 1515.
- (b) If the court grants [recognition](/usc/11/1502.md?p=7) under [section 1517](/usc/11/1517.md), and subject to any limitations that the court may impose consistent with the policy of this chapter—
  - (1) the [foreign representative](/usc/11/101.md?p=24) has the capacity to sue and be sued in a court in the [United States](/usc/11/101.md?p=55);
  - (2) the [foreign representative](/usc/11/101.md?p=24) may apply directly to a court in the [United States](/usc/11/101.md?p=55) for appropriate relief in that court; and
  - (3) a court in the [United States](/usc/11/101.md?p=55) shall grant comity or cooperation to the [foreign representative](/usc/11/101.md?p=24).
- (c) A request for comity or cooperation by a [foreign representative](/usc/11/101.md?p=24) in a court in the [United States](/usc/11/101.md?p=55) other than the court which granted [recognition](/usc/11/1502.md?p=7) shall be accompanied by a certified copy of an order granting [recognition](/usc/11/1502.md?p=7) under section 1517.
- (d) If the court denies [recognition](/usc/11/1502.md?p=7) under this chapter, the court may issue any appropriate order necessary to prevent the [foreign representative](/usc/11/101.md?p=24) from obtaining comity or cooperation from courts in the [United States](/usc/11/101.md?p=55).
- (e) Whether or not the court grants [recognition](/usc/11/1502.md?p=7), and subject to sections [306](/usc/11/306.md) and [1510](/usc/11/1510.md), a [foreign representative](/usc/11/101.md?p=24) is subject to applicable nonbankruptcy law.
- (f) Notwithstanding any other provision of this section, the failure of a [foreign representative](/usc/11/101.md?p=24) to commence a case or to obtain [recognition](/usc/11/1502.md?p=7) under this chapter does not affect any right the [foreign representative](/usc/11/101.md?p=24) may have to sue in a court in the [United States](/usc/11/101.md?p=55) to collect or recover a [claim](/usc/11/101.md?p=5) which is the property of the [debtor](/usc/11/1502.md?p=1).

## Source credit

(Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 137.)

## Notes

### 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.