The Court of Appeals for the Second Circuit has held that the Bankruptcy Code’s
safe harbors against avoidance of securities settlement payments protect early redemption
payments of debt securities. In so doing, the Court broadly ruled that the settlement payment
protections are available for non-ordinary securities transactions that are not purchases. Enron
Creditors Recovery Corp. v. Alfa, 09-5122-bk(L) (June 28, 2011) (2-1 decision).
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