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On Creditors’ Committees: Don’t Forget to Change Your Hat when Sitting as a Committee Member

Michael Traison Chicago/NYC – 312.860.4230

Michael Kwiatkowski Garden City – 516.296.9144

USA, Insolvency & Restructuring, Litigation, Cullen and Dykman LLP, US Department of Justice
Don’t Miss the Bar Date! The Importance of Timely Filing Bankruptcy Proofs of Claim

When a debtor files bankruptcy, bankruptcy attorneys and creditors are well aware of the importance of assessing the need for creditors to file proofs of claim and making sure that proofs of claim are timely filed.

USA, Insolvency & Restructuring, Litigation, Cullen and Dykman LLP
High Court Limits Scope of 546(e) Safe Harbor for Recipients of “Conduit” Transactions

Yesterday, the United States Supreme Court, in Merit Management Group, LP v. FTI Consulting, Inc., Case No. 16-784, ruled that the “securities safe harbor” under section 546(e) of the Bankruptcy Code, 11 U.S.C. §§ 101-1532, does not shield transferees from liability simply because a particular transaction was routed through a financial intermediary—so-called “conduit transactions.”

USA, Capital Markets, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Supreme Court of the United States, Second Circuit, High Court of Justice (England & Wales), Seventh Circuit