Facing financial difficulties arising from allegations of financial reporting shortcomings and deteriorating market conditions, and in the wake of crumbling discussions.
Statutory Background
Section 546(e) of the Bankruptcy Code, known as the “safe harbor” provision, shields specified types of payments from a bankruptcy trustee’s avoidance powers, including certain transfers “made by” a “financial participant” in connection with a “securities contract.” The scope of Section 546(e) has been the subject of extensive debate.
In re Samson Resources Corp. presented the specific question of whether a debtor can be considered a “financial participant” for the purposes of Section 546(e). In short, a “financial participant” is defined by Bankruptcy Code § 101(22A) as (A) an entity, (B) who has one or more required agreements, (C) in the required amounts, (D) with “the debtor or any other entity (other than an affiliate).”