Shelter From the Storm; Bankruptcy Code’s Safe Harbor Provisions

A few days ago, your client received a large margin payment from a company that just filed Chapter 11. They email you asking if the funds will be clawed back as a preference or a fraudulent transfer. You review the Bankruptcy Code’s safe harbor provisions and begin crafting a response.

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Related Content

• U.S. Bankruptcy Code Safe Harbor Provisions Applicable to Power Purchase and Sale Agreements
  Review this practice note for information on the safe harbor provisions that are found in power purchase agreements.
• New York District Court Expands the Scope of the Bankruptcy Safe Harbor for LBO Payments
  See this article for a discussion of a recent decision addressing the scope of Section 546(e) safe harbor.
• Second Circuit and Safe Harbor Protections: Client Alert Digest
  Use this client alert to understand whether the distribution of funds in connection with certain synthetic collateralized debt obligations is permissible under the safe harbor protections in the Second Circuit.
• Safe Harbor Provisions for Setoff Rights and Exceptions to Setoff Rights
  Review this practice note for a discussion of the safe harbor provisions for setoff and certain exceptions to setoff rights.

Practical Guidance Updates
Featuring the latest updates in Practical Guidance.

• Consumer Debt Collection Protections Checklist
• Private Equity in Bankruptcy Resource Kit
• The Practical Guidance Journal Spring 2021 Edition
  Case Alert: Chapter 11 Exit Financing Ruling—Section 364 Does Not Apply
• Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts. 

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