IIG Global Trade Fin. Fund Ltd., In re--IIG Global Trade Fin. Fund Ltd. v. Int’l Inv. Grp
Nov
08
2024
Ruling
Safe harbor for transfers in connection with a securities transaction did not attach to claims based on state law that had no relation to bankruptcy law. (Bankr. S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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FTX Trading Ltd., In re--Alameda Rsch. Ltd. v. Giles
Oct
23
2024
Ruling
Motions to dismiss fraudulent transfer claims denied as lack of details on transfer logistics precluded application of the safe harbor for transfers in connection with a securities contract. (Bankr. D. Del.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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Petr v. BMO Harris Bank N.A.
Mar
15
2024
Ruling
District court did not err in dismissing appellant's fraudulent transfer complaint as precludedpursuant to the safe harbor. (7th Cir.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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:
Judge or Jurisdiction information not available
Securities Inv. Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Mar
28
2023
Ruling
Madoff trustee sufficiently pled the initial transferees had actual knowledge that the debtor was not trading securities, which made the safe harbor inapplicable. (Bankr. S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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Quorum Health Corp., In re--Golden v. Cmty. Health Sys.
Mar
16
2023
Ruling
Dismissal of claims seeking avoidance of a spin-off dividend was warranted as the transfer was protected by safe harbor provisions. (Bankr. D. Del.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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Quorum Health Corp., In re--Golden v. Cmty. Health Sys.
Mar
16
2023
Ruling
Dismissal of claims seeking avoidance of a spin-off dividend was warranted as the transfer was protected by safe harbor provisions. (Bankr. D. Del.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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Securities Inv. Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Nov
18
2022
Ruling
Dismissal of trustee's suit to recover subsequent transfers consisting of debtor's customers'property was not warranted as the complaint sufficiently alleged personal jurisdiction. (Bankr.S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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Tops Holding II Corp., In re--Halperin v. Morgan Stanley Investment Mgmt.
Oct
12
2022
Ruling
Dividends paid to investors for three years did not qualify as safe harbor transfers where therewas no qualifying transaction and no qualifying recipient had been identified. (Bankr.S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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:
Judge or Jurisdiction information not available
Sec. Inv. Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Sep
27
2022
Ruling
Any defendant who actually knew about the debtor’s Ponzi scheme was not entitled to theprotections of the safe harbor against trustee’s efforts to recover subsequent transfers. (Bankr.S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Sep
22
2022
Ruling
Defendants who actually knew that debtor was running a Ponzi scheme were not entitled tothe protections of the safe harbor. (Bankr. S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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