B 401

Petition for Recognition of Foreign Proceeding

Agency
U.S. Courts
Revision
12/15
Fillable fields
73
Pages
3
Official source
U.S. Courts form page
Checked
October 20, 2026
Fill B 401 online
Page 1 of form B 401

Form B 401: Petition for Recognition of Foreign Proceeding

Form B 401, printed as Official Form 401, Chapter 15 Petition for Recognition of a Foreign Proceeding, is an Official Bankruptcy Form from the U.S. Courts. The current version is dated 12/15, and the U.S. Courts page lists it under Bankruptcy Forms, effective on December 1, 2015, and says it is derived from Official Form 1. The page also says Official Bankruptcy Forms are approved by the Judicial Conference and must be used under Bankruptcy Rule 9009.

The committee note on the page says the form is required for any petition seeking recognition of a foreign proceeding under chapter 15 of the Bankruptcy Code, that it applies to individual and non-individual debtors, and that it is signed by the foreign representative under penalty of perjury and by the foreign representative's attorney. The 3-page form asks about the debtor, the foreign representative, the foreign proceeding and its evidence, others entitled to notice, addresses, the type of debtor and venue.

This page explains the form in plain words and is not legal advice. You can fill it out free in your browser on this page and download the result without an account.

Top of page 1 of Form B 401: Petition for Recognition of Foreign Proceeding, as printed by COURTS

What's on Form B 401

Lines 1 and 2: The debtor

The debtor's name and a unique identifier: an EIN or other identifier for non-individual debtors, and the last 4 digits of a Social Security number or ITIN, or another identifier, for individual debtors.

Lines 3 to 5: The foreign proceeding

The name of the foreign representatives, the foreign proceeding in which they were appointed, and its nature: foreign main proceeding, foreign nonmain proceeding, or main and in the alternative nonmain.

Lines 6 and 7: Evidence and other proceedings

Line 6 offers three kinds of evidence, each translated into English. Line 7 asks whether this is the only foreign proceeding known; if not, a statement identifying each country with a pending proceeding is attached.

Lines 8 to 10: Notice, addresses, website

A list of others entitled to notice, the country of the debtor's center of main interests, the registered office or an individual's habitual residence, the foreign representatives' address and the debtor's website.

Lines 11 and 12: Type of debtor and venue

Non-individual (corporation, partnership or other) or individual, and why venue is proper in the district: a principal place of business or principal assets there, a pending action there, or the interests of justice and convenience of the parties.

Lines 13 and 14: Signatures

The foreign representatives request relief under chapter 15 of title 11 and sign under penalty of perjury with the date executed, then the attorney signs and dates.

How to fill out Form B 401

  1. 1

    Fill in the caption

    Enter the district and the case number if known, and check the box if this is an amended filing. Chapter 15 is printed on the form.

  2. 2

    Attach translated evidence

    Line 6 lists a certified copy of the decision commencing the proceeding and appointing the representative, a certificate from the foreign court, or other evidence, each translated into English. The committee note cites 11 U.S.C. § 1515(b) and (d).

  3. 3

    Attach the notice list

    Line 8 asks for the names and addresses of foreign administrators, parties to pending United States litigation, and entities against whom provisional relief is sought under § 1519. The committee note cites Bankruptcy Rule 2002(q).

  4. 4

    Disclose other proceedings

    If line 7 is answered No, attach a statement identifying each country in which a foreign proceeding by, regarding, or against the debtor is pending. The committee note cites Bankruptcy Rule 1004.2.

  5. 5

    Use extra sheets if needed

    The form says to attach a separate sheet if more space is needed and to write the debtor's name and case number, if known, on top of each added page.

  6. 6

    Sign and date

    Each foreign representative signs, prints a name and enters the date executed. The attorney signs and dates line 14.

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Court, venue, fees and evidence

Court

The form is captioned for the United States Bankruptcy Court for the district named at the top, under Chapter 15.

Venue

Line 12 asks for the basis for venue in the district. The committee note says to select an appropriate checkbox and, if necessary, explain why venue in the district is appropriate, and cites 28 U.S.C. § 1410.

Filing fee

The form and its U.S. Courts page do not print a fee.

Evidence with the petition

The committee note says evidence of the foreign proceeding and of the representative's appointment accompanies the petition, translated into English.

Background

The committee note says the form consolidates information formerly included on Official Form 1 (Voluntary Petition).

Related forms

Who uses Form B 401?

  • Foreign representatives

    In line 13 each foreign representative states being the foreign representative of a debtor in a foreign proceeding and being authorized to file the petition, and signs under penalty of perjury. There are two signature blocks.

  • The representative's attorney

    Line 14 is signed by the attorney for the foreign representative, with printed name, firm, address, phone, email and bar number. The committee note says the petition is signed by the attorney as well.

  • Individual and non-individual debtors

    The committee note says the form applies to foreign proceedings involving individual and non-individual debtors. Lines 2 and 11 have separate choices for each.

  • Corporate debtors

    For a corporation, line 11 asks for a corporate ownership statement containing the information described in Fed. R. Bankr. P. 7007.1.

  • The bankruptcy court

    The petition is captioned for the United States Bankruptcy Court for a district, and line 12 asks why venue is proper in that district.

The petition is filed and signed by the foreign representative of a debtor, with the representative's attorney.

Official sources and the blank

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Questions about Form B 401

Who signs Form B 401?

The foreign representatives sign line 13 under penalty of perjury, and the attorney for the foreign representative signs line 14. The committee note says the petition is signed by both.

What evidence goes with the petition?

Line 6 lists a certified copy of the decision commencing the foreign proceeding and appointing the foreign representative, a certificate from the foreign court, or other evidence, each translated into English.

What choices does line 5 offer?

Foreign main proceeding, foreign nonmain proceeding, or foreign main proceeding or in the alternative foreign nonmain proceeding. The form asks for one choice.

What if there are other foreign proceedings?

If line 7 is answered No, the form asks for a statement identifying each country in which a foreign proceeding by, regarding, or against the debtor is pending.

Does Form B 401 ask for a full Social Security number?

No. For individual debtors, line 2 shows only the last 4 digits of a Social Security number or ITIN, or another identifier.

Is there a fee printed on Form B 401?

No. The form and its U.S. Courts page do not print a fee.

Is this page legal advice?

No. It explains what the form asks in plain words. It does not say whether a debtor is eligible for relief or which choices fit a case.