To print this article, all you need is to be registered or login on Mondaq.com. The U.S. Bankruptcy Court for the S.D.N.Y. provided further clarity in the Fairfield Sentry litigation on whether foreign constructive trust claims are avoidance claims in assessing the applicability of Sections 546(e) and 561(d), the U.S. bankruptcy safe harbor laws which generally immunizes securities transactions from bankruptcy avoidance actions. Judge Stuart M. Bernstein - in one of his last decisions before retiring from the bench - authored the opinion. Denying a motion by defendants to reconsider his December 14, 2020 decision on the topic, Judge Bernstein reaffirmed that