546

Supreme Court’s Second ‘Safe Harbor’ Case Is in Limbo

Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.

Madoff Opinions Ease Pleading Requirements in Suits Against Subsequent Transferees

Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.

Merit: Safe-Harbored No More?

April 2018

Keynote Address: Supreme Court Review

Supreme Court Narrowly Interprets the Safe Harbor, Overrules the Majority of Circuits

Intermediate transfers to financial institutions do not trigger the safe harbor.

A Transfer Is Not Always a Transfer — or Is It?

April 2018

A Note to Congress: Amend Section 546(e) of the Bankruptcy Code to Harmonize the Underlying Policies of Fraudulent Conveyance Law and Protection of the Financial Markets

Latest Decision on Intersection of Reclamation Rights and DIP Liens

March 2018

Benchnotes March 2018

March 2018

Bankruptcy Law Is Too Difficult for Article III Judges