When foreign bankruptcy proceedings and bankruptcy proceedings opened in application with this Uniform act shall take place simultaneously against the same debtor, the competent court shall endeavor to ensure cooperation and coordination, referred to in articles 256-24 to 256-26 above, pursuant to the following conditions:
1) when the bankruptcy proceedings in a State party is underway at a time the application for recognition of the foreign bankruptcy proceedings is submitted:
a) any measure taken in application of articles 256-18 to 256-20 above shall comply with the bankruptcy proceedings opened in the State party pursuant to this Uniform act;
b) if the foreign bankruptcy procedure is recognized by the competent court as a main foreign bankruptcy procedure main, Article 256-19 above does not apply.
2) When bankruptcy proceedings are opened in a State party after recognition of the foreign bankruptcy proceedings or after the introduction of the request for recognition of such procedure:
a) any measures taken pursuant to articles 256-18 or 256-20 above shall be reviewed by the competent court and amended or thrown out if they do not comply with the bankruptcy proceedings opened by the court pursuant to this Uniform act;
b) if the foreign bankruptcy proceedingsis a main foreign bankruptcy proceedings, measures of prohibition and suspension referred to in the first paragraph of Article 256-19 above are modified or removed in accordance with paragraph 2 of Article 256-19 if they do not comply with the bankruptcy proceedings opened by the court;
P. 138 of 139
3) When it grants, extends or modifies a measure granted to the representative of secondary foreign bankruptcy proceedings, the competent court shall ensure that the measure concerns assets which, pursuant to this Uniform act, should be administered in the secondary bankruptcy foreign procedure, or that the measure relates to the information required under this procedure.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 137
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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