Investors currently relying on certain of the Bankruptcy Code's safe harbor provisions to save them from clawback claims should consider finding new shelter. The U.S. Supreme Court in Merit Management Group, LP v.

Bondholders have long feared "the tyranny of the majority" and historically have found limited comfort in a provision of the Trust Indenture Act (the "TIA") that provides minority bondholders with a veto over proposed legal modifications to core payment terms. In the immediate wake of the Second Circuit's recent decision in Marblegate Asset Management v.