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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 participant” for the purposes of Section 546(e). In short, a “financial participant” is defined by Bank...

Share: Province, a leading financial advisory firm, announced today the hiring of David M. Dunn as a Principal and head of the firm's 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 Investment Officer of Cross Sound Management, a corporate distressed investment firm that Mr. Dunn co-fou...