Extraterritorial Avoidance Actions Under the U.S. Bankruptcy Code

Absent a “clear indication” to the contrary, federal law applies “only within the territorial jurisdiction of the United States.” This rule, known as the “presumption against extraterritoriality,” reflects the “commonsense notion that Congress generally legislates with domestic concerns in mind.” It also honors “a basic premise of our legal system” and of American foreign policy … Continue reading Extraterritorial Avoidance Actions Under the U.S. Bankruptcy Code