US: How foreign is too foreign?
Global Restructuring Review
Davis Polk partners Timothy Graulich and Elliot Moskowitz authored a chapter in GRR’s Americas Restructuring Review 2020 titled “US: How Foreign is Too Foreign?”
In the chapter, Tim and Elliot review the history and current state of case law addressing whether, under the US Bankruptcy Code, a trustee’s power to recover fraudulently transferred property applies extraterritorially to property that was transferred between foreign parties as well as related questions over the foreign or domestic nature of such transfers.
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