Justices Set To Demystify Murky Safe Harbor Clawback Law

Law360, New York (May 1, 2017, 10:59 PM EDT) -- U.S. Supreme Court justices on Monday gave bankruptcy attorneys hope that they will resolve a troublesome disagreement among circuit courts over when safe-harbor transfers apply, a split that intensified last year after the Seventh Circuit upended a longstanding understanding of clawback law protections.

At hand in the case taken up by the high court is a dispute over whether the Seventh Circuit was correct in its decision last year to look beyond the text of the Bankruptcy Code to find that a safe harbor provision forcing trustees to honor transfers to securities and financial institutions doesn't protect transfers that only move through those...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!