Enron: Court’s Ruling On Inequitable Conduct May Affect Claims Trading Market
By Marius Meland
Law360, New York (March 3, 2006, 12:00 AM ET) -- In a decision that may dramatically affect the claims trading market, New York Bankruptcy Judge Arthur Gonzales ruled in the Enron case that a transferred claim can be subordinated based upon the transferring creditor’s inequitable conduct. The holding means that any subsequent transferee of a claim is subject to later attack and subordination of the claim, regardless of whether that transferee had any knowledge of the initial transferor’s inequitable conduct.
* The Enron Decision and Analysis of the Decision *
The Enron decision involved Enron’s pre-petition...