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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
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
