Key Issues In Potential High Court Fraudulent Transfer Case

Law360 (October 23, 2020, 4:03 PM EDT) -- On Oct. 5, the U.S. Supreme Court called for the solicitor general's views on a petition for a writ of certiorari in the case Deutsche Bank Trust Co. Americas v. Robert R. McCormick Foundation et al.[1]

That petition seeks review of a decision which interpreted Section 546(e) of the Bankruptcy Code to bar constructive fraudulent transfer claims whenever a financial institution takes part in the challenged transfer.[2]

The call for the solicitor general's input makes it much more likely that the court will take up an important open question about Section 546(e)'s scope. And that question pits the goal of allowing...

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