Avoidance Actions in Chapter 15

In this Emerging Issues Analysis, Ronald Silverman, of Bingham McCutchen, describes under what circumstances a "foreign representative," as that term is defined in the Bankruptcy Code, may initiate an avoidance action. Until recently there was a dearth of case law, but the Fifth Circuit...

James M. Lawniczak on the Broad Application of the Settlement Payment Defense to Avoidance Actions in Bankruptcy Code Section 546(e)

Section 546(e) of the Bankruptcy Code provides an absolute defense to most of the avoidance powers granted by the Code. It excepts from recovery certain payments made in connection with securities contracts or commodities or forward contracts. James M. Lawniczak looks at four recent decisions treating...