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Dec 13, 2024 | 
jdsupra.com | Daniel Merrett
The ability of a creditor to offset any liability it may have to a debtor against the amount of the debtor's obligation to the creditor is an important right. The Bankruptcy Code expressly preserves that right, provided it exists by contract or under applicable non-bankruptcy law, and the debts are "mutual," arose pre-bankruptcy and do not fall into one of the specified exceptions or limitations. In In re SVB Fin. Grp., 662 B.R. 53 (Bankr.
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Sep 24, 2024 | 
jdsupra.com | Daniel Merrett
To prevent landlords under long-term real property leases from reaping a windfall for future rent claims at the expense of other creditors, the Bankruptcy Code caps the amount of a landlord's claim against a debtor-tenant for damages "resulting from the termination" of a real property lease.
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Sep 24, 2024 | 
mondaq.com | Daniel Merrett
To prevent landlords under long-term real property leases from
reaping a windfall for future rent claims at the expense of other
creditors, the Bankruptcy Code caps the amount of a landlord's
claim against a debtor-tenant for damages "resulting from the
termination" of a real property lease.
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Aug 5, 2024 | 
jdsupra.com | Daniel Merrett
Section 546(e) of the Bankruptcy Code's "safe harbor" preventing avoidance in bankruptcy of certain securities, commodity, or forward-contract payments has long been a magnet for controversy.
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Feb 5, 2024 | 
jdsupra.com | Daniel Merrett
In a 2021 ruling, the U.S. Court of Appeals for the Second Circuit revived nearly 100 lawsuits seeking to recover fraudulent transfers made as part of the Madoff Ponzi scheme. In one of the latest chapters in that resurrected litigation, the U.S. Bankruptcy Court for the Southern District of New York held in Picard v. ABN AMRO Bank NV (In re Bernard L. Madoff Investment Securities LLC), 654 B.R. 224 (Bankr.
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Oct 3, 2023 | 
jdsupra.com | Mark Douglas |Patrick Lombardi |Daniel Merrett
Section 546(e) of the Bankruptcy Code’s “safe harbor” preventing avoidance in bankruptcy of certain securities, commodity, or forward-contract payments has long been a magnet for controversy. Several noteworthy court rulings have been issued in bankruptcy cases addressing the application of the provision, including application to financial institutions, its preemptive scope, and its application to non-publicly traded securities
Please see Publication below for more information.
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Oct 3, 2023 | 
jdsupra.com | Mark Douglas |Daniel Merrett
Section 546(e) of the Bankruptcy Code's "safe harbor" preventing avoidance in bankruptcy of certain securities, commodity, or forward-contract payments has long been a magnet for controversy. Several noteworthy court rulings have been issued in bankruptcy cases addressing the application of the provision, including application to financial institutions, its preemptive scope, and its application to non-publicly traded securities.
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Oct 2, 2023 | 
mondaq.com | Daniel Merrett |Mark Douglas
Section 546(e) of the Bankruptcy Code's "safe
harbor" preventing avoidance in bankruptcy of certain
securities, commodity, or forward-contract payments has long been a
magnet for controversy. Several noteworthy court rulings have been
issued in bankruptcy cases addressing the application of the
provision, including application to financial institutions, its
preemptive scope, and its application to non-publicly traded
securities.
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Oct 2, 2023 | 
mondaq.com | Mark Douglas |Patrick Lombardi |Daniel Merrett |Dan Prieto
In Petr v. BMO Harris Bank N.A., 2023 WL 3203113 (S.D.
Ind. May 2, 2023), appeal filed, No. 23-1931 (7th Cir.
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Jul 28, 2023 | 
jdsupra.com | Mark Douglas |Daniel Merrett
July 28, 2023
To embed, copy and paste the code into your website or blog:
A bankruptcy trustee's ability to avoid and recover pre-bankruptcy preferential transfers is essential to preserving or augmenting the estate for the benefit of all stakeholders.
