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Now showing items 11-14 of 14

Settlement payment exception to avoidance powers in bankruptcy: An unsettling method of avoiding recovery from shareholders of failed closely held company LBOs

Fox, Irina (2010)

This is the first scholarly article to analyze the recent jurisprudential expansion of 11 U.S.C. § 546(e), the settlement payment exception to bankruptcy avoidance powers. This provision was originally enacted by Congress ...

Distressed lender beware: How TOUSA killed the upstream guaranty

Fox, Irina (2012)

The United States Court of Appeals for the Eleventh Circuit, in its May 15, 2012 opinion In Re. TOUSA, Inc., reversed the decision of the United States District Court for the Southern District of Florida, and affirmed the ...

FTI Consulting, Inc. v. Merit Management Group, LP: Unsettled issues in the application of the settlement payment exception to leveraged buyout avoidance

Fox, Irina (2017)

Back to square one: How Tribune revived the settlement payment safe harbor to trustee avoidance powers in the context of leveraged buyouts

Fox, Irina (2020)

This Article reviews the history of the Code section 546(e) safe harbor, highlighting the circuit split that was resolved by Merit Management. The Article then focuses on the current framework for the analysis, as it was ...