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New York Decision Shows that Merit Management Is a Dead Letter

The expansive definition of a ‘financial institution’ allows fraudulent transfers to be structured so that no one will ever be held liable.

Court:

2nd Circuit›New York›New York Southern District

Momentive Aftermath

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Topics:

Business Reorganization

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Read more about A Note to Congress: Amend Section 546(e) of the Bankruptcy Code to Harmonize the Underlying Policies of Fraudulent Conveyance Law and Protection of the Financial Markets

Long Claw of the Law: The Limits of Clawback Actions

Bankruptcy Code:

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Topics:

Bankruptcy Litigation

Business Reorganization

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Documentation Issues/Proper Structuring of Transactions to Strengthen Position in Bankruptcy

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Topics:

Executory Contracts/Leases

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When a Securities Brokerage Firm Goes Broke A Primer on the Securities Investment Protection Act of 1970

Journal Issue:

Bankruptcy Code:

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Practice and Procedure

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Mortgages Should Be Removed from Repo Agreement Safe Harbors

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Bankruptcy Code:

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Form Defeats (Alleged) Substance, Substance Not Allowed to Fight

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Circuit Split Deepens on Scope of § 546(e) by Recognizing Limits on the Application of the Safe Harbor

Journal Issue:

Bankruptcy Code:

Topic Tags:

Bankruptcy Litigation

Fraudulent Transfers

Venue/Jurisdiction

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Treatment of Securities and Derivatives Transactions in Bankruptcy Part I

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Bankruptcy Code:

Topic Tags:

Executory Contracts/Leases

Investment Banking

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