Section 546(e) Bankruptcy Safe Harbor Exemptions: Recent Developments
Avoiding or Defending Fraudulent Transfer and Preference Challenges to Securities Transactions, LBO Shareholder Payments, Derivatives, Swaps and Other Financial Contracts
NY bankruptcy court issues long-awaited ruling in Lehman bankruptcy case
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide 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 defending the preference and fraudulent transfer safe harbor.
Outline
- Section 546 safe harbors
- Settlement payments
- Repurchase agreements
- Swap agreements
- Master netting agreements
- Recent case law developments
- Lehman bankruptcy developments, including LBHI v. JPMorgan Chase Bank
- Madoff litigation
- Leveraged buyout transaction litigation
- Other financial contracts and commercial paper
Benefits
The panel will review these and other key questions:
- 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 lessons can be taken from the Lehman bankruptcy case?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Mark D. Sherrill
Counsel
Sutherland Asbill & Brennan
He focuses his practice on counseling debtors and creditors in financial restructurings, litigation and workouts, and... | Read More
He 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.
CloseDavid A. Wender
Partner
Alston & Bird
Mr. Wender represents a variety of clients in complex bankruptcy cases, out-of court workouts, debt restructurings,... | Read More
Mr. Wender represents a variety of clients in complex bankruptcy cases, out-of court workouts, debt restructurings, asset dispositions and claims reconciliation procedures. He represents purchasers, sellers and other parties in bankruptcy Section 363 sales; debtors in possession; secured and unsecured creditors; and creditor’s committees. He also represents financial institutions, officers, directors and other entities in complex litigation engagements in state and federal courts throughout the United States.
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