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A recent decision in the U.S. Bankruptcy Court for the Southern District of Florida, In re Tousa, has received widespread attention for its near-wholesale rejection of insolvency “savings clauses,” and the resulting order requiring lenders to disgorge hundreds of millions of dollars
In 2009, New York State’s highest court, the Court of Appeals, decided the controversial case of Koehler v. Bank of Bermuda Limited, 911 N.E.2d 825 (N.Y. 2009
