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§ 546(g)

Casa De Cambio Majapara S.A. de C.V. v. Wachovia Bank (In re Casa De Cambio Majapara S.A. de C.V.)

Jul
09
2008
Ruling
Prejudgment attachment issued in connection with failure of swap agreements was subject to bankruptcy safe harbor.
Procedural posture

Plaintiff chapter 11 debtor filed an adversary proceeding against defendant creditor seeking to avoid and recover, pursuant to 11 U.S.C.S. § 547 and 11 U.S.C.S. § 550, transfers made for the benefit of the creditor. The creditor moved for summary judgment. The legal issue presented was whether prejudgment attachments that the creditor obtained in New York and Illinois were subject to the safe harbor in 11 U.S.C.S. § 546(g).

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Commercial opinion summary, case decided on July 09, 2008 , LexisNexis #0808-046
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