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The Supreme Court recently addressed two bankruptcy issues.  In its Merit Management opinion, the Court resolved a circuit split regarding the breadth of the safe harbor provision which protects certain transfers by financial institutions in connection with a securities contract.  In Village at Lakeridge, the Court weighed in on the scope of appellate review and whether a bankruptcy court’s factual determination should be reviewed for clear error or de novo.  These decisions are notable because they provide guidance on previously murky issues of bankruptcy law.

Continue Reading Supreme Court Bankruptcy Thoughts: Scope of Safe Harbor and Appellate Review