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New York Bankruptcy Court Holds That Bankruptcy Code’s Two-Year Extension of Time to Bring Actions Applies to Foreign Representatives in Chapter 15 Cases

May 31, 2011

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In the first written opinion to squarely address the issue, the Bankruptcy Court for the Southern District of New York held in In re Fairfield Sentry Ltd. that the Bankruptcy Code's two-year extension of time for a trustee in bankruptcy (or a debtor in possession) to bring law suits applies to foreign representatives in Chapter 15 cases. The Bankruptcy Court's ruling opens the door to foreign representatives in foreign insolvency cases to bring claims in the United States through a Chapter 15 case that may otherwise become time barred under United States or foreign law. The decision marks an additional milestone in the continued expansion of Chapter 15 jurisprudence, and creates another tool for administrators of foreign proceedings to preserve a foreign debtor's assets in the United States.

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