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ARTICLE · 13 MARCH 2026

3 Strikes Against Chapter 15

Dickinson Wright PLLC
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The Southern District of Texas Bankruptcy Court recently underscored the importance of carefully implementing Chapter 15 eligibility.

United StatesInsolvency/Bankruptcy/Re-Structuring
Patrick Potter
Patrick Potter
Ashley Jericho
Ashley Jericho
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What the Geden and Siu-Fung Decisions Mean for Recognition Strategy

The Southern District of Texas Bankruptcy Court recently underscored the importance of carefully implementing Chapter 15 eligibility. In its Geden and Siu-Fung decisions, the court reasserted its independent duty to scrutinize foreign recognition requests, providing constructive guidance on the steps foreign representatives should take to strengthen their Chapter 15 filings. The rulings offer practical lessons for ensuring compliance with U.S. bankruptcy law requirements and navigating potential recognition challenges.

Key Takeaways

  • Foreign representatives in the S.D. Texas must satisfy section 109(a) of the Bankruptcy Code (such as by funding United States counsel retainers prior to the Chapter 15 petition date) to be eligible for Chapter 15 relief.

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