Detroit Judge Criticizes the Second Circuit’s Tribune Decision on the Safe Harbor
The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).
The 2005 Amendments to Section 546(c) Limited the Remedies of Reclamation Creditors
Reclamation creditors no longer have liens or administrative claims if a secured lender sucks up all the value in reclaimed goods.
Court:
New York Decision Shows that Merit Management Is a Dead Letter
The expansive definition of a ‘financial institution’ allows fraudulent transfers to be structured so that no one will ever be held liable.
Beware: Closing a Case Quickly Can Preclude Filing New Avoidance Actions
Judge Thuma describes nonstatutory exceptions to the statutes of limitations in Sections 546(a) and 550(f).
Court:
Two-Year Statute for Avoidance Actions Doesn’t Apply to Claim Objections
Even if the two-year statute of limitations for avoidance actions has run, the trustee can still strip away the lender’s secured status in a claim objection.
Valuation of Litigation Claims and Causes of Action in Bankruptcy
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Seventh Circuit: Reclamation Claims Are Subordinate to DIP Financing
The 2005 amendments to Section 546(c) departed from state law under UCC § 2-702 by creating a federal rule making reclamation claims subordinate to existing secured claims and DIP financing.
Court:
Four-Year Statute of Limitations Can Stretch to at Least Seven Years, Judge Owens Says
The one-year discovery clause in UFTA allows a debtor or trustee to file an avoidance suit even if the ordinary four-year statute has elapsed.
Court:
Preference, Earmarking and Fraudulent Transfer Law: Making Progress Together for Future Bankruptcies
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