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Noteholders Beware: Contract Rights and Choice of Law Provisions in an Indenture are Property Rights for Purposes of Commencing a Chapter 15 Case

Commercial Law Newsletter

The Bankruptcy Court for the Southern District of New York recently reaffirmed its view that it takes little to establish “property in the United States,” to qualify a foreign entity for ancillary relief under chapter 15 of the Bankruptcy Code. See 11 U.S.C. § 109(a). Specifically, in In re PT Bakrie Telecom TBK, the Court found that the New York governing law and forum selection clauses found in a trust indenture, constitute a contract right that is enough of a property interest to constitute - “property in the United States” for the purposes of Chapter 15. In re PT Bakrie Telecom TBK, 601 B.R. 707, 715-16 (Bankr. S.D.N.Y. 2019).

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“Noteholders Beware: Contract Rights and Choice of Law Provisions in an Indenture are Property Rights for Purposes of Commencing a Chapter 15 Case,” by Ira L. Herman and Evan J. Zucker was published in the August 2019 edition of the Commercial Law Newsletter, a joint newsletter of the American Bar Association’s Commercial Finance and Uniform Commercial Code Committees. Reprinted with permission.