Law360, New York ( January 27, 2014, 1:17 PM EST) -- On Jan. 14, 2014, the U.S. Bankruptcy Court for the Southern District of New York held that the Bankruptcy Code's § 546(e) safe-harbor provision[1] neither protects against nor preempts state law constructive fraudulent transfer claims brought on behalf of individual creditors against cashed-out former shareholders of a company acquired in a leveraged buyout....
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