US – How Foreign is Too Foreign? Extraterritorial Limits on the Recovery of Fraudulent Transfers

Davis Polk partners Timothy Graulich and Elliot Moskowitz authored the “US – How Foreign is Too Foreign? Extraterritorial Limits on the Recovery of Fraudulent Transfers” chapter for The Restructuring Review of the Americas 2019. The book, published by Global Restructuring Review, expands its coverage of the United States, various investment strategies and discusses tools to providing effective mechanisms for dealing with cross-border insolvency cases.

In this chapter, Graulich and Moskowitz discuss the current landscape with respect to the application of section 550(a)(2) to foreign-to-foreign transfers, the questions that remain unanswered and how an appeal currently pending before the Second Circuit could alter the terrain dramatically.

An extract from GRR’s The Restructuring Review of the Americas 2019, first published in December 2018. The whole publication is available at www.restructuring-review-of-the-americas-2019.com.