Courts’ Decisions Vary on Extraterritoriality of U.S. Bankruptcy Law in Avoidance Actions
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Courts’ Decisions Vary on Extraterritoriality of U.S. Bankruptcy Law in Avoidance Actions
By Adam H. Isenberg & Steven C. Reingold, Partners, Saul Ewing Arnstein & Lehr LLP
“It is a longstanding principle of American law ‘that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.’”1
A number of cases involving avoidance actions have been...
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Adam H. Isenberg is a partner in the Bankruptcy and Restructuring Practice at Saul Ewing Arnstein & Lehr LLP and is resident in the firm’s Philadelphia office. He concentrates his practice in commercial bankruptcy matters and out-of-court workouts and has represented debtors-in-possession, creditors’ committees, trustees, secured creditors, and other parties in cases throughout the country. Most recently, Isenberg was among the core group of attorneys who represented the debtors in the Chapter 11 cases of Owens Corning, Lower Bucks Hospital, Hussey Copper, and Associated Wholesalers.
Steven Reingold is a partner in the Boston office of Saul Ewing Arnstein & Lehr LLP. He handles a broad array of business bankruptcy and commercial and bankruptcy litigation matters for clients throughout the country. He has participated as lead counsel or co-counsel in complex commercial and bankruptcy-related disputes resolved through negotiation, mediation, arbitration, and litigation. In his bankruptcy practice, Reingold represents debtors, official creditors’ committees, trustees, creditors, and other interested parties in insolvency proceedings involving companies of varying sizes and industries.