Bankruptcy Court Declines to Follow Second Circuit and Holds Safe Harbors Do Not Apply to Some State Law Fraudulent Conveyance Claims By Jason W. Harbour (PDF)
This article discusses a Delaware bankruptcy court decision holding that Bankruptcy Code Section 546(e) safe harbors do not prevent a liquidation trust from pursuing some state law constructive fraudulent conveyance claims assigned to the trust by creditors.
Jason W. Harbour is a partner at Hunton & Williams LLP, focusing his practice on bankruptcy and creditor's rights, loan workouts, reorganizations, corporate recovery, and insolvency-related structuring advice and legal opinions for complex transactions. Mr. Harbour's experience includes representing corporate debtors, secured and unsecured creditors, parties to safe harbored financial contracts, indenture and securitization trustees, lessors, and other parties in interest in Chapter 7, Chapter 11, and Chapter 15 bankruptcies. He received his J.D. from William & Mary Law School, where he was elected to the Order of the Coif, and his B.A. in Philosophy and Political Science from Davidson College. He may be contacted at email@example.com.
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