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Email The United States District Court for the District of Delaware recently affirmed a Bankruptcy Court decision that invalidated the use by creditors of so-called “triangular”, or non-mutual, setoffs in which obligations are offset among not only the parties to a bilateral contract but also their affiliates. In re SemCrude, L.P., 2010 U.S. Dist. LEXIS 42477 (D. Del. 2010). The District Court’s decision, like the Bankruptcy Court decision it affirmed, does not address whether the result would be different for derivatives and other financial contracts that fall under the safe harbor provisions of the Bankruptcy Code. https://www.cadwalader.com/resources/clients-friends-memos/us-district-court-affirms-delaware-bankruptcy-court-decision-in-semcrude-prohibiting-triangular-setoff