Anthony J. Kochis’ article, “Testing the Waters of the Safe Harbor,” appears in the January 2017 issue of the American Bar Association’s Business Law Today. The article examines whether the safe harbor provisions of 11 U.S.C. §§ 546(e) and (g) protect from avoidance and recovery transfers made in connection with ordinary supply-of-goods contracts. While Congress likely intended to limit the scope of §§ 546(e) and (g) to forward contracts and swap agreements relating to financial markets, the legal terms contained in both sections are so broadly defined that they arguably encompass transfers made in connection with ordinary supply-of-goods contracts. Click to view article.
Established in 1992, Business Law Today is a monthly periodical published by the American Bar Association for business professionals.