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