No Safe Harbor for “Overarching Transfer”: Trustee Can Avoid Payments Passing Through Financial Institutions

On February 27, 2018, the Supreme Court issued a significant decision that will increase the exposure of debt and equity investors that receive payments from all kinds of highly leveraged transactions, including leveraged buy-outs and dividend recapitalizations. The unanimous opinion in Merit Management Group, LP v.

Filed under:
USA, Capital Markets, Insolvency & Restructuring, Litigation, K&L Gates LLP, Safe harbor (law), Supreme Court of the United States
Authors:
Charles A. Dale III , Rick Giovannelli , James A. Wright III , David A. Mawhinney
Location:
USA
Firm:
K&L Gates LLP