Court:
U.S. Court of Appeals (Second Circuit)

Amicus Issue:
Whether the avoidance and recovery provisions of the Bankruptcy Code permit a debtor to clawback transfers made from a foreign fund to foreign investors, or whether such claims are barred by the presumption of extraterritoriality. Whether the doctrine of international comity warrants the dismissal of the Trustee’s claims because of the conflict those claims pose with the liquidation proceedings of the feeder funds, which are pending in the BVI, the Cayman Islands, and other offshore jurisdictions.

Counsel of Record:

Wachtell, Lipton, Rosen & Katz

George T. Conway III
Emil A. Kleinhaus
Joseph C. Celentino

Other Amici:
None.