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
Source: jdsupra.com