Interpreting Section 546(e) Safe Harbor Post-Enron

Law360, New York (September 20, 2011, 12:28 PM EDT) -- The safe harbor in Section 546(e) of the Bankruptcy Code has been getting a lot of attention in the bankruptcy world, and a significant amount of case law is being generated as adversary proceedings work their way through the courts following the Great Recession.

In June 2011, the Second Circuit’s decision in Enron Creditors Recovery Corp. v. Alfa SAB de CV, Nos. 09–5122, 09–5142, 2011 (2d Cir. June 28, 2011) was handed down just two months after Geltzer v. Mooney (In re MacMenamin’s Grill Ltd.), 450...
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