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To embed, copy and paste the code into your website or blog: 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 ( LBO ) of Tribune Co. ( Tribune ) were preempted by the safe harbor for certain securities, commodity or forward contract payments set forth in section 546(e) of the Bankruptcy Code. In In re Tribune Co. Fraudulent Conveyance Litig., 946 F.3d 66 (2d Cir. 2019), petition for cert. filed, No. 20-8-07102020, 2020 WL 3891501 (U.S. July 6, 2020) ( Tribune 2 ), the Second Circuit concluded that a debtor may itself qualify as a financial institution covered by the safe harbor, and thus avoid the implications of the U.S. Supreme Court s decision in ....
To embed, copy and paste the code into your website or blog: The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ( DIP ) to obtain credit or financing during the course of a bankruptcy case is often crucial to the debtor s prospects for either maintaining operations pending the development of a confirmable plan of reorganization or facilitating an orderly liquidation designed to maximize asset values for the benefit of all stakeholders. In a chapter 11 case, financing (and/or cash infusions through recapitalization) also is often a key component of the reorganized debtor s ability to operate post-bankruptcy. Section 364 of the Bankruptcy Code includes provisions specifically governing the circumstances under which a trustee or DIP can obtain credit or financing, including secured financing that primes existing secured creditors liens, during a bankruptcy case. It is unclear, however, whether those provisions apply to post-confirmation exit financing. ....