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ABI Journal

544

Bankruptcy Code

Seventh Circuit: Transfers of Nonpublic Securities Are Protected by the 546(e) Safe Harbor

The Seventh Circuit adopted a broad reading of the Section 546(e) safe harbor to dismiss a fraudulent transfer suit attacking a sale of nonpublic securities.

Topics

Ninth Circuit Rebuffs Attack on a Committee’s Derivative Standing to Sue

Did bankruptcy courts create prohibited federal common law by allowing committees to prosecute claims belonging to the estate?

Dispositions of Marital Property Aren’t Always Beyond the Avoiding Powers

A division of marital property on consent to someone other than a spouse might be a fraudulent transfer.