The Choice-of-Law Tension Between New York’s UVTA and GOL

Cleary Gottlieb partner Luke Barefoot and associate Richard Minott co-authored the article “The Choice-of-Law Tension Between New York’s UVTA and GOL,” published in the American Bankruptcy Institute Journal.

The article examines the conflict between the New York Uniform Voidable Transactions Act, which mandates that fraudulent conveyance claims be governed by the law of the debtor’s jurisdiction, and the New York General Obligations Law, which allows parties to contractually select New York law regardless of their connection to the state, and considers the practical implications of this tension for creditors transacting with foreign debtors.

Read the article here.