Nov 13

Blog Post: Intermediate Transfers May Be Safe From 546(e) Safe Harbor
by Anonymous
In Merit Management v. FTI Consulting, the U.S. Supreme Court is reviewing the Seventh Circuit's decision holding that the Section 546(e) safe harbor does not protect from avoidance a transfer that is conducted through a financial institution where the institution acts merely as the conduit for the transfer. Based on the justices' questions at oral argument last week, the odds are good that the Supreme Court will agree with the Seventh Circuit, says Meaghan Gragg of Hughes Hubbard & Reed LLP.
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