As we had anticipated in our prior client alerts, the “customer” safe harbor defense to constructive fraudulent conveyance claims challenging securities transactions — which was flagged by the U.S. Supreme Court in Merit...more
1/14/2020
/ Bankruptcy Code ,
Banks ,
Commercial Bankruptcy ,
Creditors ,
Customers ,
Debtors ,
Defense Strategies ,
Financial Institutions ,
Fraudulent Conveyance ,
Fraudulent Transfers ,
Leveraged Buyout ,
Merit Management Group v FTI Consulting ,
Popular ,
Safe Harbors ,
Section 546(e) ,
Shareholders ,
Standing
A recent decision from the U.S. District Court for the Southern District of New York has breathed new life into the Bankruptcy Code Section 546(e)’s securities transaction safe harbor for fraudulent conveyance actions. Judge...more
5/9/2019
/ Agents ,
Avoidance ,
Bankruptcy Code ,
Banks ,
Commercial Bankruptcy ,
Customers ,
Defense Strategies ,
Dismissals ,
Financial Institutions ,
Fraudulent Transfers ,
Investment Trust Companies ,
Leveraged Buyout ,
Merit Management Group v FTI Consulting ,
Preemption ,
Safe Harbors ,
Section 546(e) ,
Shareholder Litigation ,
Standing ,
Stock Repurchases ,
Trustees
In a unanimous decision in Merit Mgmt. Grp., LP v. FTI Consulting, Inc., the U.S. Supreme Court addressed the scope of a Bankruptcy Code exception to the “avoiding powers” of a bankruptcy trustee or Chapter 11...more
4/26/2018
/ Avoidance ,
Bankruptcy Code ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Financial Institutions ,
Fraudulent Transfers ,
Intermediaries ,
Leveraged Buyout ,
Merit Management Group v FTI Consulting ,
Safe Harbors ,
SCOTUS ,
Section 546(e) ,
Split of Authority ,
Trustees
A 2013 court decision has cast doubts over the future scope of the U.S. Bankruptcy Code’s safe harbor protections against the reversal of settled securities transactions. If the ruling stemming from the Tribune Company...more