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Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision from Chief Judge Sontchi of the Bankruptcy Court for the District of Delaware...
Barry Klayman and Mark Felger, writing in the Delaware
Business Court Insider, review a recent decision from Chief
Judge Sontchi of the Bankruptcy Court for the District of Delaware
holding that the law of the jurisdiction in which a trust is
organized governs whether it is a "business trust" that
can be an eligible debtor under the Bankruptcy Code. In doing
so, Judge Sontchi rejected the majority view that federal common
law should govern.
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