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United Nations Model Law on Cross Border Insolvency (1997)
United Nations (UN)
copy @ Lex Mercatoria
Where a foreign proceeding and a proceeding under [identify laws of the enacting State relating to insolvency] are taking place concurrently regarding the same debtor, the court shall seek cooperation and coordination under articles 25, 26 and 27, and the following shall apply:
(a) when the proceeding in this State is taking place at the time the application for recognition of the foreign proceeding is filed,
(i) any relief granted under article 19 or 21 must be consistent with the proceeding in this State; and
(ii) if the foreign proceeding is recognized in this State as a foreign main proceeding, article 20 does not apply;
(b) when the proceeding in this State commences after recognition, or after the filing of the application for recognition, of the foreign proceeding,
(i) any relief in effect under article 19 or 21 shall be reviewed by the court and shall be modified or terminated if inconsistent with the proceeding in this State; and
(ii) if the foreign proceeding is a foreign main proceeding, the stay and suspension referred to in article 20(1) shall be modified or terminated pursuant to article 20(2) if inconsistent with the proceeding in this State;
(c) in granting, extending or modifying relief granted to a representative of a foreign non-main proceeding, the court must be satisfied that the relief relates to assets that, under the law of this State, should be administered in the foreign non-main proceeding or concerns information required in that proceeding.
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