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Marybeth Ehlbeck

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff

 

Gabriel Eckstein

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff

 

Declan Considine

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff

 

Conor Carman

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff

 

 

In cross-border insolvency proceedings, the power to obtain information through discovery is essential for recovering assets for creditors. A recent decision by the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”), In re Historic & Trophy Buildings Fund FCP-SIF, balances safeguarding sensitive information and facilitating cooperative efforts in foreign liquidation proceedings.

Agustin Bujanda

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff     

 

Julianne Buff

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff

 

Grace Browne

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff

 

Enrica Brook

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff

 

In Pitman Farms v. ARKK Food Co., LLC, the United States Court of Appeals for the Eighth Circuit held that avoidance actions, under chapter 5 of title 11 of the United States Code (the “Bankruptcy Code”), are property of the estate under Section 541(a) that a trustee may sell “free and clear.”[1]

Mari Bijimenian

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff

 

Nino Aspanadze

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff