Safe-Harbor Issues After Lehman

Level: Advanced
Runtime: 56 minutes
Recorded Date: December 07, 2018
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  • Section 546(e)
  • Significant Cases Involving Merit Management Currently on Appeal
  • 546(e) Preemption of State Laws
  • Section 560 Decisions (Safe Harbor Protecting Swap Termination Payments)
  • Section 562/Loss Calculation
  • Derivative Termination Disputes
  • Setoff
  • Forward Contract Merchants
Runtime: 56 minutes
Recorded: December 7, 2018


This panel will discuss how case law since Lehman has both narrowed and expanded the various safe harbor provisions contained in the Bankruptcy Code.

This program was recorded as part of ABI's Winter Leadership Conference on December 7th, 2018.

Provided By

American Bankruptcy Institute


Christy L. Rivera

Norton Rose Fulbright US LLP

Christy Rivera advises clients in connection to a wide range of transactions, including project financings and other secured lending transactions, securitizations and derivatives.

A large part of her practice consists of transactional and advisory work for hedge providers, lenders, sponsors, and other investors in connection with project development and finance, with a focus on renewables. Finally, she has extensive experience assisting lenders and other companies in financial restructurings.

She is co-chair of the firm's New York Hiring Committee.

Oscar N. Pinkas


Oscar is a Global Leader in Dentons’ Restructuring, Insolvency & Bankruptcy practice. He represents clients in and out of court in underperforming, distressed, workout, receivership, insolvency and bankruptcy situations involving strategic, operational, or financial issues, with an emphasis on M&A, equity or debt financing transactions.

Clients include investors, purchasers, lenders/agents, indenture trustees, estate fiduciaries, committees and debtors. As a result of his multi-faceted practice, Oscar is able to anticipate and navigate the interests of competing constituencies for the benefit of clients. Known for his creativity, ability to execute and practicality, Oscar is frequently called upon by clients in situations that are unique, sensitive or complex. Clients describe him as an “out of the box thinker” and a “pleasure to work with,” guarding their interests at every turn.

Oscar has received several accolades, including being named a 40 Under 40 Leader in Insolvency by the American Bankruptcy Institute, an Emerging Leader in M&A, Financing and Turnaround by The M&A Advisor, a Top 50 Rising Star Dealmaker in the Americas by Global M&A Network, a Top Rated Bankruptcy Attorney by Super Lawyers, and a Top Attorney Under 40 by Bankruptcy Law360. Restructurings or transactions he has been at the center of have received equal praise as Out of Court Restructuring of the Year or Cross-Border Turnaround of the Year by Global M&A Network’s Turnaround Atlas Award, and M&A Deal of the Year, Restructuring Deal of the Year or Industry Deal of the Year by The M&A Advisor.

Joel D. Applebaum

Clark Hill, PLC

Joel D. Applebaum, a Member in Clark Hill’s Corporate Restructuring & Bankruptcy Practice Group.

Lisa G. Beckerman

Akin Gump Strauss Hauer & Feld LLP

Lisa G. Beckerman is a partner at Akin Gump Strauss Hauer & Feld LLP in New York. Ms. Beckerman has extensive experience representing debtors, informal groups of creditors, and official creditors committees in chapter 11 cases and out-of-court restructurings. Ms. Beckerman focuses on corporate restructuring and creditors’ rights in a variety of areas, including manufacturing, airlines, retail and health care.

Honorable Robert D. Drain

United States Bankruptcy Judge
Southern District of New York

Honorable Robert D. Drain is a United States Bankruptcy Judge for the Southern District of New York.

Judge Drain received his B.A. degree cum laude with honors from Yale University in 1979 and his J.D. degree in 1984 from the Columbia University School of Law, where he was a Harlan Fiske Stone Scholar for three years.

At the time of his appointment in 2002, he was a partner in the Bankruptcy Department of the New York law firm of Paul, Weiss, Rifkind, Wharton & Garrison, where he represented debtors, trustees, secured and unsecured creditors, official and unofficial creditors committees, and buyers of distressed businesses and distressed debt in chapter 11 cases, out-of-court restructurings and bankruptcy-related litigation. He also was actively involved in several transnational insolvency matters. Judge Drain is a fellow of the American College of Bankruptcy and a member of the American Bankruptcy Institute, the International Insolvency Institute, and the National Conference of Bankruptcy Judges. He is a past member and secretary of the Bankruptcy and Reorganization Committee of the Association of the Bar of the City of New York.

He is an adjunct professor at St. John's University School of Law and has lectured and written on numerous bankruptcy-related topics. Since his appointment he has presided over such chapter 11 cases as Loral, RCN, Cornerstone, Refco, Allegiance Telecom, Delphi, Coudert Brothers, Frontier Airlines and Star Tribune. He also has presided over the ancillary or plenary cases, as the case may be, of Corporacion Durango, Satellites Mexicanas, Parmalat S. p. A. and its affiliated United States debtors, Varig S.A., Yukos (II), SphinX, and Galvex Steel.

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