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 Saul Ewing Arnstein & Lehr’s Bankruptcy and Restructuring Practice. 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. He was one of the core group of attorneys that represented the debtors in the Chapter 11 cases of Owens Corning et al., Lower Bucks Hospital, Hussey Copper et al., and Associated Wholesalers Inc. et al.
Steven Reingold is a partner with Saul Ewing Arnstein & Lehr LLP and handles a broad array of litigation matters for clients throughout the country. His experience includes complex commercial and bankruptcy-related disputes resolved through negotiation, mediation, arbitration, and litigation. In his bankruptcy practice, Reingold represents debtors, creditors’ committees, trustees, creditors, and other parties in insolvency proceedings involving companies of varying sizes and industries. He also counsels clients on issues relating to the restructuring of debt and alternatives to bankruptcy.
