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Nick represents committees of unsecured creditors secured creditors unsecured creditors liquidating trustees and indenture trustees. Arent Fox Schiff New York Office.b

In 2019, the U.S. Court of Appeals for the Second Circuit made headlines when it ruled that creditors' state law fraudulent transfer claims arising from the 2007 leveraged buyout...

In 2019, the U.S. Court of Appeals for the Second Circuit made headlines when it ruled that creditors' state law fraudulent transfer claims arising from the 2007 leveraged buyout...

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 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 pursu...