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 clarity in the Fairfield Sentry litigation on the implication of Sections 546(e) and 561(d), U.S. bankruptcy safe harbor laws, on foreign claw-back claims. Judge Stuart M. Bernstein - who retired on September 30, 2020 but is currently serving on recall through early next year - authored the opinion. In effect, Judge Bernstein decided that Bankruptcy Code Section 546(e) - the "safe harbor" - barred BVI statutory avoidance claims being pursued in bankruptcy proceedings in the