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Commentary by Eric Waxman

In Kravitz v. Samson Energy Co., the United States Bankruptcy Court District of Delaware held that, if a debtor qualifies as a financial participant, then transfers by a debtor in connection with a safe harbor-protected securities contract may be protected from avoidance, even if the recipient/transferee does not qualify as a financial participant.

SIFMA, the Loan Syndications and Trading Association ("LSTA") and the Managed Funds Association ("MFA") (collectively "the associations") filed an amici curiae brief in a case that considered how to discount future payments under a plan of reorganization in order to provide secured creditors with payments "of at least the value" of their claim pursuant to Section 1129(b) of the Bankruptcy Code. The brief was filed with the U.S. Court of Appeals for the Second Circuit in Momentive Performance Materials Incorporated, et al. v. BOKF, NA et al. Section 1129(b) allows the court to confirm a plan of