Sounding The Safe Harbors Of Section 546(e)

Law360, New York (June 7, 2012, 12:44 PM EDT) -- On April 19, 2012, the U.S. Bankruptcy Court for the Southern District of New York granted in part and denied in part JPMorgan Chase NA’s motion to dismiss an adversary complaint filed by Lehman Brothers Holdings Inc. (LBHI) and its Official Committee of Unsecured Creditors.

The complaint seeks to recover approximately $8.6 billion in prepetition transfers made by LBHI to JPMorgan in the days leading up to LBHI’s bankruptcy. JPMorgan filed a motion to dismiss the complaint, arguing that it acted reasonably in requiring additional collateral...
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