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Immunity of "Settlement Payments" from Fraudulent Transfer Suits

In this Emerging Issues Analysis, author James M. Lawniczak looks at the 2009 appellate decisions establishing the majority view that buyout payments made to departing shareholders in leveraged buyout situations will be protected from avoidance actions under Code section 546(e) so long as the paymen

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Riker, Danzig, Scherer, Hyland & Perretti v. Official Committee of Unsecured Creditors (In re Smart World Technologies, LLC), 552 F.3d 228 (2d…

In this Emerging Issues Analysis, author James Lawniczak looks at the Second Circuit’s consideration of whether a fee request was pre-approved under Code section 328(a) and thus was not subject to the reasonable compensation determination of section 330. In a case of first impression, the court jo

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