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Swiss Administrator sued for $100+ million for Fraudulent Conveyance of European Assets

Problem:

A Swiss administrator was sued by a Chapter 7 Trustee seeking recovery of the value of Polish gas deposits owned through a web of companies for which the administrator acted in Europe as managing director.

Solution:

M+M contested personal jurisdiction of the bankruptcy court because all actions of the administrator were in Europe and were taken for lawful European entities, not with the individual debtor. After four years of negotiation with a Swiss bankruptcy administrator and the Chapter 7 trustee, M+M obtained voluntary dismissal of all claims against the Swiss citizen by his providing voluntary testimony for the Chapter 7 trustee and producing documents in London. If the testimony were taken in Switzerland, all attorneys and the client would be subject to arrest under Swiss law.