Legal Opinion

FTI Consulting, Inc. v. Merit Management Group, LP

Court of Appeals for the Seventh Circuit

Decided July 28, 2016No. 15-3388PublishedCited by 14 opinions

1Opinion of the Court

WOOD, Chief Judge.

This case requires us to examine section 546(e) of the Bankruptcy Code, which provides a safe harbor protecting certain transfers from being undone by the bankruptcy trustee. (We considered a different aspect of that statute in Peterson v. Som-ers Dublin Ltd., 729 F.3d 741 (7th Cir. 2013), which focused on what counts as a settlement payment made in connection with a securities contract, questions that do not arise in our case.) The safe harbor prohibits the trustee from avoiding transfers that are “margin payment[s]” or “settlement payment[s]” “made by or to (or for the…

2Cases cited13 opinions

  1. Buchanan-Moore v. County of MilwaukeeCourt of Appeals for the Seventh Circuit · 2009
  2. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  3. Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
  4. Bonded Financial Services, Inc., Debtor-Appellant v. European American BankCourt of Appeals for the Seventh Circuit · 1988
  5. Mark A. Warsco, Trustee v. Preferred Technical GroupCourt of Appeals for the Seventh Circuit · 2001

8 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Merit Management Group, LP v. FTI Consulting, Inc.Supreme Court of the United States · 2018
  2. Giuliano v. Schnabel (In re DSI Renal Holdings, LLC)United States Bankruptcy Court, D. Delaware · 2017
  3. In re SheltonUnited States Bankruptcy Court, N.D. Illinois · 2018
  4. In re rue21, inc.United States Bankruptcy Court, W.D. Pennsylvania · 2017
  5. John J. Petr v. BMO Harris Bank N.A.Court of Appeals for the Seventh Circuit · 2024

9 more not listed; retrieve them via the Exa API.

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