In a unanimous decision in Merit Mgmt. Grp., LP v. FTI Consulting, Inc., the U.S. Supreme Court addressed the scope of a Bankruptcy Code exception to the “avoiding powers” of a bankruptcy trustee or Chapter 11 debtor-in-possession that permit invalidation (i.e., avoidance and clawback) of a limited category of transfers of property by a debtor or of a debtor’s interest in property.
USA, Capital Markets, Insolvency & Restructuring, Litigation, Skadden Arps Slate Meagher & Flom LLP, Security (finance), Safe harbor (law), Supreme Court of the United States