• Weathering the Storm: Second Circuit Affirms an Expansive Interpretation of Section 546(e) of the Bankruptcy Code
  • July 29, 2011 | Authors: Judith Elkin; Kenric Kattner; Stephen Manz; Stephen M. Pezanosky; Robin E. Phelan
  • Law Firms: Haynes and Boone, LLP - New York Office ; Haynes and Boone, LLP - Austin Office ; Haynes and Boone, LLP - Houston Office ; Haynes and Boone, LLP - Dallas Office ; Haynes and Boone, LLP - Fort Worth Office ; Haynes and Boone, LLP - Dallas Office ; Haynes and Boone, LLP - San Antonio Office
  • On June 28, 2011, in In re Enron Creditors Recovery Corp. v. Alfa, the Second Circuit Court of Appeals held that Enron’s redemption of its commercial paper prior to maturity fell within the definition of a “settlement payment” and was protected from avoidance under § 546(e)’s safe harbor provision in Title 11 of the United States Code.