Safe harbor (law) | Global Insolvency

Bankruptcy court orders swap counterparty to pay Lehman Brothers despite event of default

25 September 2009

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Bankruptcy court prohibits counterparty's suspension of payments to Lehman under open derivative contract

06 October 2009

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US Bankruptcy Court denies counterparty contractual right to withhold payments under Section 2(a)(iii) of the ISDA Master Agreement

02 October 2009

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Third Circuit says “settlement payment” exemption under Bankruptcy Code Section 546(e) includes private company LBOs

05 January 2010

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Lehman court finds payment priority provision is unenforceable ipso facto clause, and must be part of swap for safe harbor protection

29 January 2010

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USA

Recent ruling by Lehman court further complicates law on derivatives

24 March 2010

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Second Circuit extends reach of section 546(e) to redemption of commercial paper

07 July 2011

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Holders of Enron's commercial paper prevail over Enron's creditors

11 July 2011

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Commercial paper redemption “safe harbored” from preference liability per Second Circuit Court of Appeals

11 July 2011

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Now that’s settled – Second Circuit in Enron exempts redemption of commercial paper

11 July 2011

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