As a new year in the world of financial restructuring unfolds, bankruptcy attorneys should not just be keeping tabs on the huge companies and entire U.S. territory that have recently fallen on hard times, but they should also be tracking the cases that have raised new questions about bankruptcy procedures and the ability of creditors to recover. One matter in particular is Merit Management Group LP v. FTI Consulting Inc. The case involves a dispute over whether the Seventh Circuit was correct in its 2016 decision, in which it found that a safe harbor provision forcing trustees to honor transfers to securities and financial institutions doesn't protect transfers that only move through those institutions.
RK&O partner Gregory G. Plotko told Law360 that, "It's going to be an interesting decision, I think Merit Management is going to be the top bankruptcy case decided in 2018."
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