Another opinion shows that Congress wrote Section 546(e) in a manner that goes far beyond protecting the securities markets in the U.S.
The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).
Reclamation creditors no longer have liens or administrative claims if a secured lender sucks up all the value in reclaimed goods.
The expansive definition of a ‘financial institution’ allows fraudulent transfers to be structured so that no one will ever be held liable.
Judge Thuma describes nonstatutory exceptions to the statutes of limitations in Sections 546(a) and 550(f).