Issue link: https://mbozikis.ufcontent.com/i/1422521
226 As an initial matter, Section 1506 of the Bankruptcy Code permits a U.S. court to refuse to take an action under Chapter 15 (including recognition) if "the action would be manifestly contrary to the public policy of the United States." Section 1506 has been interpreted narrowly to apply only in situations where requested Chapter 15 relief "would impinge severely a U.S. constitutional or statutory right." In re ABC Learning Centres, Ltd., 728 F.3d 301, 309 (3d Cir. 2013), cert. denied, 134 S.Ct. 1283 (2014); and see, In re Ad Hoc Group of Vitro Noteholders v. Vitro S.A.B. de C.V. (In re VITRO S.A.B. de C.V.), 701 F.3d 1031 (5th Cir. 2012) (upholding bankruptcy court decision to refuse enforcement of a plan of reorganization approved in a Mexican proceeding under Section 1506 of the Bankruptcy Code because such plan contained non-consensual third-party releases); In re OAS S.A., 533 B.R. 83 (Bankr. S.D.N.Y. 2015) (holding that even the absence of certain procedural or constitutional rights in a foreign proceeding will not bar recognition of a foreign main proceeding under the "narrow" public policy exception of Section 1506). To apply for recognition, the foreign representative 126 must merely file a petition for recognition together with certified evidence of the existence of the foreign proceeding and the appointment of the foreign representative (or, in the absence of such certified evidence, such other evidence of those facts as is acceptable to the U.S. bankruptcy court). 11 U.S.C. § 1515(a)–(b). The petition for recognition must also be accompanied by a statement setting forth all foreign proceedings in respect of the debtor and known by the foreign representative. 11 U.S.C. § 1515(c). Sections 1516(a) and (b) provide for certain presumptions that serve to ease the recognition process. 126 A foreign representative is defined as "a person or body, including a person or body appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor's assets or affairs or to act as a representative of such foreign proceeding." 11 U.S.C. § 101(24). The use of the word "body" would suggest an intention to include a debtor's board of directors where the board is authorized to administer the foreign proceeding.