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Supreme Court to Consider Statutory Safe Harbor for Debtors' Pre-Petition Securities Transactions
Caplin & Drysdale

Supreme Court to Consider Statutory Safe Harbor for Debtors' Pre-Petition Securities Transactions

Date: 9/29/2017

Does the Bankruptcy Code bar a bankruptcy trustee from avoiding a debtor's constructively fraudulent pre-petition securities transactions merely because the deal was executed through a financial intermediary with no stake of its own in the transaction? The Supreme Court will address this question in Merit Management Group, LP v. FTI Consulting, Inc. The issue turns on the meaning of Section 546(e) of the Bankruptcy Code.

Trevor W. Swett authored the article "Supreme Court to Consider Statutory Safe Harbor for Debtors' Pre-Petition Securities Transactions" for the September 29, 2017 issue of Insolvency & Restructuring - USA, a newsletter for the International Law Office. For the complete article, please click on the link above to view a PDF.

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