The Indiana Petition for Recognition of Foreign Proceeding is a legal document filed in the Indiana court in order to recognize a foreign bankruptcy, insolvency, or similar proceeding. This petition is typically filed by a foreign representative of the debtor in the foreign proceeding. The petition must be accompanied by a verified copy of the foreign proceeding and other documents to support the petition. It is also necessary to provide an affidavit of the foreign representative and other materials that show that the foreign proceeding is a valid one. There are two types of Indiana Petition for Recognition of Foreign Proceeding: Chapter 15 Petition and Model Law Petition. The Chapter 15 Petition is used for recognition of foreign bankruptcies, while the Model Law Petition is used for recognition of foreign insolvency proceedings. In both cases, the petition must be accompanied by the necessary documents, and must be verified and served upon the debtor.
Indiana Petition for Recognition of Foreign Proceeding
Description
How to fill out Indiana Petition For Recognition Of Foreign Proceeding?
US Legal Forms is the simplest and most lucrative method to discover appropriate formal templates.
It boasts the largest online repository of business and personal legal documents crafted and verified by legal experts.
Here, you can access printable and fillable forms that adhere to national and local laws - just like your Indiana Petition for Recognition of Foreign Proceeding.
Review the form description or preview the document to ensure it's the one that fits your needs, or discover another one using the search bar above.
Click Buy now when you are confident in its compliance with all criteria, and choose the subscription plan that suits you best.
- To acquire your template, follow a few straightforward steps.
- Users who already possess an account with an active subscription just need to sign in to the online service and download the document to their device.
- Later, it will be available in their account under the My documents section.
- If you are using US Legal Forms for the first time, here’s how to get a professionally crafted Indiana Petition for Recognition of Foreign Proceeding.
Form popularity
FAQ
As noted above, an Indian court may refuse to recognise a foreign judgment if it is in disregard of Indian law or is in breach of any law in force in India. This is one of the grounds under Section 13 of the CPC, which provides exceptions to recognition of a foreign judgment in India.
The "recognition" of a foreign judgment occurs when the court of one country or jurisdiction accepts a judicial decision made by the courts of another "foreign" country or jurisdiction, and issues a judgment in substantially identical terms without rehearing the substance of the original lawsuit.
Section 34-11-2-12 - Satisfaction of judgment after expiration of 20 years, Ind.
As noted above, an Indian court may refuse to recognise a foreign judgment if it is in disregard of Indian law or is in breach of any law in force in India. This is one of the grounds under Section 13 of the CPC, which provides exceptions to recognition of a foreign judgment in India.
Domestication is the process that allows a creditor to attach the judgment as a lien to the debtor's property, and otherwise enforce it.
Enforcement cannot be accomplished by means of letters rogatory in the United States. Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.
The judgment creditor must send notice of filing of the foreign judgment to the judgment debtor and ensure the clerk of court has sent similar notice to the judgment debtor. Proof of mailing must be filed with the clerk of the court. The judgment creditor must pay a filing fee with the court.
Domestication is a legal proceeding in an appropriate court in the jurisdiction where you want to enforce the judgment. In a domestication action, you will ask that court to give effect to your foreign judgment.