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    Second Circuit Adopts "Transfer-by-Transfer" Approach to Bankruptcy Code's Safe Harbor for Securities Contracts Payments
    2024-01-31

    The scope of the Bankruptcy Code's "safe harbor" shielding certain securities, commodity, or forward-contract payments from avoidance as fraudulent transfers has long been a magnet for controversy, particularly after the U.S. Supreme Court suggested (but did not hold) in Merit Mgmt. Grp., LP v. FTI Consulting, Inc., 138 S. Ct.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, Private equity, US Securities and Exchange Commission, Supreme Court of the United States, Second Circuit
    Authors:
    Caitlin K. Cahow
    Location:
    USA
    Firm:
    Jones Day
    Delaware Bankruptcy Court Imputes Officer's Fraudulent Intent to Corporation in Avoidance Litigation
    2024-01-31

    A powerful tool afforded to a bankruptcy trustee or a chapter 11 debtor-in-possession ("DIP") is the power to recover pre-bankruptcy transfers that are avoidable under federal bankruptcy law (or sometimes state law) because they were either made with the intent to defraud creditors or are constructively fraudulent because the debtor-transferor received less than reasonably equivalent value in exchange and was insolvent at the time, or was rendered insolvent as a consequence of the transfer.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    S. Chrstopher Cundra IV (Chris)
    Location:
    USA
    Firm:
    Jones Day
    Second Circuit Adopts "Transfer-by-Transfer" Approach to Bankruptcy Code's Safe Harbor for Securities Contracts Payments
    2024-01-31

    The scope of the Bankruptcy Code's "safe harbor" shielding certain securities, commodity, or forward-contract payments from avoidance as fraudulent transfers has long been a magnet for controversy, particularly after the U.S. Supreme Court suggested (but did not hold) in Merit Mgmt. Grp., LP v. FTI Consulting, Inc., 138 S. Ct.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, Private equity, US Securities and Exchange Commission, Supreme Court of the United States, Second Circuit
    Authors:
    Caitlin K. Cahow
    Location:
    USA
    Firm:
    Jones Day
    Delaware Bankruptcy Court Imputes Officer's Fraudulent Intent to Corporation in Avoidance Litigation
    2024-01-31

    A powerful tool afforded to a bankruptcy trustee or a chapter 11 debtor-in-possession ("DIP") is the power to recover pre-bankruptcy transfers that are avoidable under federal bankruptcy law (or sometimes state law) because they were either made with the intent to defraud creditors or are constructively fraudulent because the debtor-transferor received less than reasonably equivalent value in exchange and was insolvent at the time, or was rendered insolvent as a consequence of the transfer.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    S. Chrstopher Cundra IV (Chris)
    Location:
    USA
    Firm:
    Jones Day
    Second Circuit Adopts "Transfer-by-Transfer" Approach to Bankruptcy Code's Safe Harbor for Securities Contracts Payments
    2024-01-31

    The scope of the Bankruptcy Code's "safe harbor" shielding certain securities, commodity, or forward-contract payments from avoidance as fraudulent transfers has long been a magnet for controversy, particularly after the U.S. Supreme Court suggested (but did not hold) in Merit Mgmt. Grp., LP v. FTI Consulting, Inc., 138 S. Ct.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, Private equity, US Securities and Exchange Commission, Supreme Court of the United States, Second Circuit
    Authors:
    Caitlin K. Cahow
    Location:
    USA
    Firm:
    Jones Day
    Delaware Bankruptcy Court Imputes Officer's Fraudulent Intent to Corporation in Avoidance Litigation
    2024-01-31

    A powerful tool afforded to a bankruptcy trustee or a chapter 11 debtor-in-possession ("DIP") is the power to recover pre-bankruptcy transfers that are avoidable under federal bankruptcy law (or sometimes state law) because they were either made with the intent to defraud creditors or are constructively fraudulent because the debtor-transferor received less than reasonably equivalent value in exchange and was insolvent at the time, or was rendered insolvent as a consequence of the transfer.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    S. Chrstopher Cundra IV (Chris)
    Location:
    USA
    Firm:
    Jones Day
    Second Circuit Adopts "Transfer-by-Transfer" Approach to Bankruptcy Code's Safe Harbor for Securities Contracts Payments
    2024-01-31

    The scope of the Bankruptcy Code's "safe harbor" shielding certain securities, commodity, or forward-contract payments from avoidance as fraudulent transfers has long been a magnet for controversy, particularly after the U.S. Supreme Court suggested (but did not hold) in Merit Mgmt. Grp., LP v. FTI Consulting, Inc., 138 S. Ct.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, Private equity, US Securities and Exchange Commission, Supreme Court of the United States, Second Circuit
    Authors:
    Caitlin K. Cahow
    Location:
    USA
    Firm:
    Jones Day
    Delaware Bankruptcy Court Imputes Officer's Fraudulent Intent to Corporation in Avoidance Litigation
    2024-01-31

    A powerful tool afforded to a bankruptcy trustee or a chapter 11 debtor-in-possession ("DIP") is the power to recover pre-bankruptcy transfers that are avoidable under federal bankruptcy law (or sometimes state law) because they were either made with the intent to defraud creditors or are constructively fraudulent because the debtor-transferor received less than reasonably equivalent value in exchange and was insolvent at the time, or was rendered insolvent as a consequence of the transfer.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    S. Chrstopher Cundra IV (Chris)
    Location:
    USA
    Firm:
    Jones Day
    Second Circuit Adopts "Transfer-by-Transfer" Approach to Bankruptcy Code's Safe Harbor for Securities Contracts Payments
    2024-01-31

    The scope of the Bankruptcy Code's "safe harbor" shielding certain securities, commodity, or forward-contract payments from avoidance as fraudulent transfers has long been a magnet for controversy, particularly after the U.S. Supreme Court suggested (but did not hold) in Merit Mgmt. Grp., LP v. FTI Consulting, Inc., 138 S. Ct.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, Private equity, US Securities and Exchange Commission, Supreme Court of the United States, Second Circuit
    Authors:
    Caitlin K. Cahow
    Location:
    USA
    Firm:
    Jones Day
    Delaware Bankruptcy Court Imputes Officer's Fraudulent Intent to Corporation in Avoidance Litigation
    2024-01-31

    A powerful tool afforded to a bankruptcy trustee or a chapter 11 debtor-in-possession ("DIP") is the power to recover pre-bankruptcy transfers that are avoidable under federal bankruptcy law (or sometimes state law) because they were either made with the intent to defraud creditors or are constructively fraudulent because the debtor-transferor received less than reasonably equivalent value in exchange and was insolvent at the time, or was rendered insolvent as a consequence of the transfer.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    S. Chrstopher Cundra IV (Chris)
    Location:
    USA
    Firm:
    Jones Day

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