The debtor/trustee would be delerect in its duty not to pursue large clawback claims against foreign targets. Odds would depend on the grantee’s exposure to the US legal system and the foreign legal system’s views.
The Madoff case may be somewhat illustrative at a very broad level. Note that it was in a different judicial circuit, so exactly zero decisions are binding on the DE bankruptcy court—even those by the court of appeals.
Additionally:
Are clawbacks against overseas/non-us investors likely be pursued and enforced?
Are there are any relevant cases or precedents that we should look at?
The debtor/trustee would be delerect in its duty not to pursue large clawback claims against foreign targets. Odds would depend on the grantee’s exposure to the US legal system and the foreign legal system’s views.
The Madoff case may be somewhat illustrative at a very broad level. Note that it was in a different judicial circuit, so exactly zero decisions are binding on the DE bankruptcy court—even those by the court of appeals.