blog home Recent Cases Merit Mgmt. Group, LP v. FTI Consulting, Inc., ___ U.S. ___, ___ S. Ct. ___

Merit Mgmt. Group, LP v. FTI Consulting, Inc., ___ U.S. ___, ___ S. Ct. ___

By Los Angeles Bankruptcy Attorney on February 28, 2018

Merit Mgmt. Group, LP v. FTI Consulting, Inc., ___ U.S. ___, ___ S. Ct. ___, 2018 WL 1054879 (No. 16-784 February 27, 2018), the United States Supreme Court held in an unanimous opinion that the safe harbor provision of Bankruptcy Code (the “Code”) section 546(e) does not prohibit the avoidance of a transfer which passes through one or more financial institutions (acting merely as “conduits”) prior to being received by the intended recipient (where the transfer is made “through” a financial institution rather than “to” a financial institution).

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