October 22, 2012 Articles

Koehler v. Bank of Bermuda Three Years Later: Fewer Places to Hide

Should international commercial creditors with large debts owed to them by solvent debtors be required to jump through hoops to collect final judgments?

By George F. Hritz and Amy A. Lehman

It has now been three years since New York’s highest court ruled in Koehler v. Bank of Bermuda, 12 N.Y. 3d 533, 911 N.E.2d 825 (2009), that under New York law, courts may access judgment debtors’ assets anywhere in the world as long as those assets are held by a bank that also has a branch in New York, as do many large international banks. Although there have been a few significant reported decisions discussing Koehler since 2009, there has also not been the disastrous increase in post-judgment litigation predicted by some.

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