By Chad Dale, Margaret Westbrook, A. Lee Hogewood III and Matthew Houston (July 27, 2017, 1:30 PM EDT) -- The U.S. Bankruptcy Court for the District of Delaware recently granted in part and denied in part dismissal in favor of the defendant car manufacturer in a fraudulent transfer adversary proceeding brought by the Chapter 11 trustee in Emerald Capital Advisors Corp. ex rel. FAH Liquidating Trust v. Bayerische Motoren Werke Aktiengesellschaft ("BMW") (In re FAH Liquidating Corp.).[1] In its order, the court concluded that transactions occurring predominately outside the United States may nonetheless be subject to the trustee's power to avoid fraudulent transfers under the United States Bankruptcy Code. In doing so, the court joined a growing number of courts reaching a similar conclusion. Thereafter, the court allowed the plaintiff to proceed with its fraudulent transfer claim against BMW, but reduced the amount at issue from approximately $32.5 million to $793,761.87 because the majority of the transfers at issue occurred outside the two-year fraudulent transfer period under 11 U.S.C. § 548. However, the court allowed the liquidating trust's alternative unjust enrichment claim to proceed in the full amount of nearly $32.5 million....