Leveraged buyout | Global Insolvency

SDNY Bankruptcy Court holds that the bankruptcy safe harbors do not preclude state-law fraudulent transfer actions brought by creditors

17 January 2014

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In re Tribune: defendants successfully challenge individual creditors standing but district court rules that Section 546(e) safe harbor does not bar individual creditors’ state law based constructive fraudulent conveyance claims

27 September 2013

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Pre-bankruptcy LBOs as fraudulent transfers

27 August 2013

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USA

Safe harbor update: continued uncertainty regarding applicability of safe harbors to leveraged buy-outs of privately held securities

02 August 2013

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Determining whether a chapter 11 plan is unconfirmable without a confirmation hearing

18 February 2013

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USA

SDNY finds direct payments to shareholders in a IBO are safe harbored under section 546(e) of the Bankruptcy Code

04 December 2012

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USA

Split in courts continues—private stock purchase payments not protected by Section 546 safe harbor

14 September 2011

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Court holds that Bankruptcy Code pre-empts state laws invoked by creditors to avoid LBO payments

06 May 2016

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Making the Safe Harbors Safe Again: United States Court of Appeals for the Second Circuit Holds That State Law Constructive Fraudulent Conveyance Claims Brought by Creditors Are Preempted by the Safe Harbor of Section 546(e) of the Bankruptcy Code

02 May 2016

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Any Port in a Storm - the Safe Harbor of Section 546(e)

28 April 2016

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