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Avoidable Transfer Debtors

Dechert LLP

Claims Based on Avoidable Transfer Cannot be “Washed Clean” in the Secondary Market

Dechert LLP on

Disagreeing with the much-critiqued SDNY opinion in Enron, the SDNY bankruptcy court disallowed claims brought by secondary transferees because the original claimants allegedly received millions of dollars in fraudulent...more

Patterson Belknap Webb & Tyler LLP

Major Section 546(c) Safe Harbor Issue Resolved by the Supreme Court

Our post last year concerning “[t]he long-running litigation spawned by the leveraged buyout of Tribune Company . . . and the subsequent bankruptcy case” described a case--FTI v. Merit--that was then pending in the Supreme...more

Allen Matkins

Uniform Voidable Transactions Act Becomes Law (Almost)

Allen Matkins on

(1985)On June 2, 1897, the New York Journal famously quoted Samuel Clemens (aka Mark Twain) as saying “The report of my death was an exaggeration”.   This widely quoted (and misquoted) denial was a riposte to a story that...more

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