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New York Bankruptcy Court permits discovery requests In Chapter 15 Case despite potentially conflicting Cayman Islands law

From JD SUPRA On April 17, 2018, the U.S. Bankruptcy Court for the Southern District of New York (the “Court”) issued a decision requiring CohnReznick LLP (“CohnReznick”) to produce documents requested by the foreign representatives (the “Foreign Representatives”) in the chapter…

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Presumption against extraterritoriality limits trustee’s ability to recover foreign transfers

By Edward Neiger Edward Neiger From Law.com In Securities Protection Corporation v. Bernard L. Madoff Investment Securities LLC (In re Madoff Securities), 2014 WL 2998557 (S.D.N.Y. July 6, 2014), the trustee appointed under Securities Investor Protection Act (SIPA) to administer…

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Judge denies Madoff trustee recovery of foreign transfers

By Mark Hamblett, New York Law Journal Transfers made abroad between a foreign transferor and a foreign transferee cannot be recovered by the trustee administering the estate of Bernard L. Madoff Investment Securities, a federal judge has ruled. Dealing a…