Matthew J. Gold, Partner, Kleinberg, Kaplan, Wolff & Cohen, P.C., to Speak at TKG’s Supreme Court’s Restriction of Bankruptcy Safe Harbor Protection
The Knowledge Group Live Webcast Series has announced today that Matthew J. Gold, Partner, Kleinberg, Kaplan, Wolff & Cohen, P.C. will speak at The Knowledge Group’s webcast entitled: “Not So Safe: Navigating the Supreme Court's Restriction of the Bankruptcy Safe Harbor Protection LIVE Webcast.” This event is scheduled for December 6, 2018 from 12:00 PM ‐ 2:00 PM (ET).
- New York, NY (1888PressRelease) October 29, 2018 - For further details, please visit:
https://www.theknowledgegroup.org/webcasts/scotus‐restriction‐of‐bankruptcy/
About Matthew J. Gold
Matthew Gold has extensive experience representing secured and unsecured creditors, creditors' committees, debtors, landlords, trustees and acquirers of assets in chapter 11 reorganizations, chapter 7 liquidations, voluntary and involuntary cases, SIPA proceedings, and out‐of‐court workouts and restructurings. He has prosecuted and defended preference and fraudulent conveyance actions, negotiated and confirmed plans of reorganization and disclosure statements, drafted and negotiated asset sales, and given non‐consolidation opinions. Matt has practiced before courts in New York and
around the country.
About Kleinberg, Kaplan, Wolff & Cohen, P.C.
Founded in 1971, Kleinberg, Kaplan, Wolff & Cohen, P.C. is a mid‐sized New York law firm with a deep commitment to client service, professional excellence and creative solutions. Its attorneys represent clients across a broad range of industries on transactional, regulatory, trusts and estates, tax, real estate, litigation and securities matters. Nationally recognized for our private investment funds and M&A practices, it also acts as legal counsel to fund managers, public companies, privately held businesses and high net worth individuals.
Event Synopsis:
The Bankruptcy Code’s safe harbor protection offers a defense for a debtor’s fraudulent transfers as well as for preference claims that may result from securities transactions. A majority of appellate courts upheld the sufficiency of this defense even when the sole
involvement of a “financial institution,” or a qualified transferee, in the transaction, was as a conduit.
On February 27, 2018, however, the U.S. Supreme Court issued a decision stating that safe harbor protection does not shield allegedly fraudulent “transfers" in which financial institutions served as mere conduits.” In Merit Management Group LP v. FTI Consulting Inc., the Supreme Court held that a pre‐bankruptcy payment made by the debtor was not protected by the safe harbor and might, therefore, be recovered.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide and present an in‐depth analysis of the Merit Management Group LP v. FTI Consulting Inc. ruling as well its implications in the near future. They will also discuss the recent developments and important issues surrounding the Bankruptcy Code’s safe harbor protection provision.
Key topics include:
• Merit Management Group LP v. FTI Consulting Inc.
• Restrictions on the Scope of §546(e) After the Decision
• Implications of the Merit Decision
• New Scopes and Limitations
• Recent Trends, Updates and Developments
About The Knowledge Group, LLC Live Webcast Series
The Knowledge Group, LLC was established with the mission to produce unbiased, objective, and educational live webinars that examine industry trends and regulatory changes from a variety of different perspectives. The goal is to deliver a unique multilevel analysis of an important issue affecting business in a highly focused format. To contact or register to an event, please visit: http://theknowledgegroup.org/
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