19-CV-3911

On appeal of a motion to amend the complaint; motion to dismiss for failure to state a claim and motion to dismiss for lack of subject matter jurisdiction the district court held that even where a foreign representative cannot raise avoidance claims under section 1521, it does not preempt representatives' claims under foreign common law.  However, its avoidance power under foreign law is subject to the Bankruptcy Code's limitations. Therefore, these particular transactions were avoidable under § 561(d) which extends the § 546(e) safe harbor of the Bankruptcy Code to claims raised by a foreign representative.