January 8, 2019
About the Webinar:
The Bankruptcy Code’s safe harbor protection offers a defense for a debtor’s fraudulent transfers as well as for preference claims that may result from securities transactions. A majority of appellate courts upheld the sufficiency of this defense even when the sole involvement of a “financial institution,” or a qualified transferee, in the transaction, was as a conduit.
On February 27, 2018, however, the U.S. Supreme Court issued a decision stating that safe harbor protection does not shield allegedly fraudulent “transfers” in which financial institutions served as mere conduits.” In Merit Management Group LP v. FTI Consulting Inc., the Supreme Court held that a pre‐bankruptcy payment made by the debtor was not protected by the safe harbor and might, therefore, be recovered.
In this LIVE Webcast, Mr. Matthew J. Gold, Partner at Kleinberg, Kaplan, Wolff & Cohen, P.C., will provide and present an in‐depth analysis of the Merit Management Group LP v. FTI Consulting Inc. ruling as well its implications in the near future. He will also discuss the recent developments and important issues surrounding the Bankruptcy Code’s safe harbor protection provision.
Key Topics Include:
Who Should Attend:
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