Coudert Brothers — Lessons For Litigators

Law360, New York (April 2, 2012, 1:06 PM EDT) -- In a matter of first impression, the Second Circuit Court of Appeals recently clarified the choice of law rules that bankruptcy courts should apply when evaluating the propriety of bankruptcy claims arising from pending out-of-state, nonbankruptcy proceedings.

In the most recent decision to emanate from the Coudert Brothers’ bankruptcy case, the Second Circuit extended the choice of law rules from the Supreme Court cases of Van Dusen[1] and Ferens[2] holding that in cases where a claim before a bankruptcy court is derived solely from another claim...
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