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Another New York District Court Widens The Bankruptcy Code s Securities Contract Safe Harbor - Insolvency/Bankruptcy/Re-structuring

In 2019, the U.S. Court of Appeals for the Second Circuit made headlines when it ruled that creditors' state law fraudulent transfer claims arising from the 2007 leveraged buyout.

Another New York District Court Widens the Bankruptcy Code s Securities Contract Safe Harbor | Jones Day

In 2019, the U.S. Court of Appeals for the Second Circuit made headlines when it ruled that creditors' state law fraudulent transfer claims arising from the 2007 leveraged buyout.

Fairfield Sentry: A look into the application of the US safe harbor provisions and the Hague Convention to foreign claims | Dentons

Fairfield Sentry: A look into the application of the US safe harbor provisions and the Hague Convention to foreign claims | Dentons
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BVI Constructive Trust Claims: Are They Avoidance Claims? - Insolvency/Bankruptcy/Re-structuring

To print this article, all you need is to be registered or login on Mondaq.com. The U.S. Bankruptcy Court for the S.D.N.Y. provided further clarity in the Fairfield Sentry litigation on whether foreign constructive trust claims are avoidance claims in assessing the applicability of Sections 546(e) and 561(d), the U.S. bankruptcy safe harbor laws which generally immunizes securities transactions from bankruptcy avoidance actions. Judge Stuart M. Bernstein - in one of his last decisions before retiring from the bench - authored the opinion. Denying a motion by defendants to reconsider his December 14, 2020 decision on the topic, Judge Bernstein reaffirmed that

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