Bankruptcy 546(e) Safe Harbor Exemptions for Swaps, Securitized Loan Payments, LBO Shareholder Payments and More
Latest Developments in the Application of 546(e) to Financial Transactions and Securities Contracts
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide bankruptcy and finance practitioners with a solid understanding of the scope and limits of the safe harbor provisions for financial contracts. The panel will analyze lessons from recent case law and outline best practices for bringing and defending preference and fraudulent transfer actions as well as structuring these financial contracts to preserve safe harbor protections.
- Overview of Section 546 safe harbors
- Settlement payments
- Repurchase agreements
- Securities contracts
- Swap agreements
- Master netting agreements
- Recent case law developments
- Madoff Litigation
- In re Hellas Telecomms (Luxembourg) II SCA
- In re MCK Millennium Centre Parking L.L.C.
- Application of case law to structuring financial contracts and transactions to preserve safe harbor protections
- Brief summary of ABI’s recommendations of reforms for safe harbors exemptions
The panel will review these and other key issues:
- What trends have developed regarding the settlement payment safe harbor in leveraged buyout transactions?
- How are ipso facto and bankruptcy clauses relevant to the safe harbor protections of the Code?
- What recommendations has the ABI’s Commission to Study the Reform of Chapter 11 made with respect to Section 546(e) safe harbors?
Mark D. Sherrill
Sutherland Asbill & Brennan
Mr. Sherrill focuses his practice on counseling debtors and creditors in financial restructurings, litigation and... | Read More
Mr. Sherrill focuses his practice on counseling debtors and creditors in financial restructurings, litigation and workouts, and on providing advice on derivatives to energy companies, hedge funds and broker-dealers. He has represented debtors, creditors and energy trading counterparties in energy bankruptcy cases including Enron, SemCrude, National Energy & Gas Transmission, Mirant, Calpine and Androscoggin.Close
Jason T. Rodriguez
Higier Allen & Lautin
Mr. Rodriguez practices corporate litigation and commercial bankruptcy at the Firm. Typical clients of his are banks,... | Read More
Mr. Rodriguez practices corporate litigation and commercial bankruptcy at the Firm. Typical clients of his are banks, lenders, commercial creditors, landlords and D&O defendants. His focus and experience is in asserting the rights of his clients in complex bankruptcy cases, commercial litigation, collection, D&O defense, and pre-bankruptcy and litigation preparation.Close