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Delaware Bankruptcy Court Determines that Section 546(e) "Financial Participant" Does Not Exclude Debtors, Splitting from SDNY Decision | Kramer Levin Naftalis & Frankel LLP

Statutory Background Section 546(e) of the Bankruptcy Code, known as the “safe harbor” provision, shields specified types of payments from a bankruptcy trustee’s avoidance powers, including certain transfers “made by” a “financial participant” in connection with a “securities contract.” The scope of Section 546(e) has been the subject of extensive debate. In re Samson Resources Corp. presented the specific question of whether a debtor can be considered a “financial participa...
New York United States Brendan Shannon Kramer Levin Peter Kravitz Delaware Bankruptcy Court Decision

Province Announces the Hiring of David M. Dunn and the Opening of Connecticut Office

Share: Province, a leading financial advisory firm, announced today the hiring of David M. Dunn as a Principal and head of the firms newly opened office located in Stamford, Connecticut. Mr. Dunn is a seasoned corporate restructuring professional and investor with over 20 years of experience in high profile board, buyside and advisory roles. Prior to joining Province, Mr. Dunn spent 11 years as an investor, first at Arrowgrass Capital Partners, and then as a Managing Partner and Co-Chief Invest...
United States Sidley Austin Gump Strauss Hauer Feld Peter Kravitz Davidm Dunn Greenberg Traurig

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