A bankruptcy trustee sued to avoid an alleged fraudulent transfer, in the form of payments under a guarantee, in MC Asset Recovery v. Commerzbank AG, No. 11-10070 (March 20, 2012). The Court found that the trustee had standing, even though the debtor’s creditors had been paid in full, because recovery would benefit the estate. Op. at 7. Then, applying the Restatement’s “significant relationship” framework and focusing on policy issues, the Court applied New York fraudulent conveyance law (which reached guarantees) as opposed to Georgia law (which did not). Op. at 12-13. The lower court’s dismissal of the case was vacated and reversed.
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