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Avoiding Foreign Transfers Based on Foreign Law Claims: Norske Case Favors Flexible Approach to Safe Harbor Analysis in Chapter 15

USA - May 3 2022 In a 2021 chapter 15 decision, In re Bankruptcy Estate of Norske Skogindustrier ASA, the United States Bankruptcy Court for the Southern District of…

Theodore Heckel

Avoiding Foreign Transfers Based on Foreign Law Claims: Fairfield Sentry Cases Illustrate Broad Scope of Safe Harbor in Chapter 15

USA - June 29 2021 A series of related decisions issued by the United States Bankruptcy Court for the Southern District of New York in the ongoing Fairfield Sentry U.S…

Theodore Heckel

Delaware District Court Affirms Decision Holding Triangular Setoffs Are Not Permitted

USA - January 14 2020 The United States District Court for the District of Delaware recently affirmed a Delaware bankruptcy court case that held that the mutuality…

Ronit J. Berkovich

Triangular Setoff Impermissible Under Section 553: No Contracting or Theorizing Around It, Section 553 Requires Mutuality

USA - January 3 2019 In a recent decision, In re Orexigen Therapeutics, Inc., No. 18-10518 (KG) (Bankr. D. Del. Nov. 13, 2018), Judge Kevin Gross of the United States…

Ronit J. Berkovich

Tenth Circuit B.A.P. on Novinda’s Classification: No Gerrymandering, No(n)-Creditor Interest, No Problem

USA - August 20 2018 Recently in Novinda,1 the Tenth Circuit Bankruptcy Appellate Panel2 upheld the separate classification of creditor claims in a chapter 11 plan on the…