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Court's Broad Interpretation of Definition of "Securities Contracts" Promotes Expansive Scope of Bankruptcy Code "Safe Harbor" | Jones Day

Section 546(e) of the Bankruptcy Code's "safe harbor" preventing avoidance in bankruptcy of certain securities, commodity, or forward-contract payments has long been a magnet for. ....

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Congress Faces Pressure To Narrow 546e Safe Harbor Exception

Judge Shannon is second judge to press Congress to narrow section 546e safe harbor. Judge Robert Drain warned, that section 546e overbroad exemption has enabled private equity companies to siphon billions in debt-funded dividends from the companies they own. ....

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546(e)'s Not-So-Safe Harbor: Second Influential Judge Echoes Concerns that Broad Exemption Shelters Pirates | Bracewell LLP

Delaware Judge Brendan Shannon has joined calls for reforming Section 546(e) of the bankruptcy code, echoing concerns that the section’s safe harbor from fraudulent transfer liability. ....

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Fraudulent Transfer Claims Against Investors Survive Motions to Dismiss | King & Spalding

On October 12, 2022, the U.S. Bankruptcy Court for the Southern District of New York denied motions to dismiss fraudulent transfer claims asserted against certain investors in Tops. ....

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A Bankruptcy Giant's Swan Song: Judge Drain Expands The Lookback Period To Bring Avoidance Actions & Calls On Congress To Curtail The Safe Harbor Exception - Financial Services

In the final written opinion of his illustrious career, Judge Robert D. Drain of the U.S. Bankruptcy Court for the Southern District of New York issued a decision in Halperin v. Morgan Stanley ....

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