Tribune: The Preemption Road Not Taken

12 May 2016 Law360 Publication
Authors: Jack G. Haake


Attorney Jack Haake contributed an article to Law360, “Tribune: The Preemption Road Not Taken,” on May 12, 2016. The article questioned whether or not constructive fraudulent transfer claims that were not pursued by a trustee in a bankruptcy proceeding revert to creditors. Haake focused on In re Tribune Co. Fraudulent Conveyance Litig., and the Second Circuit’s conclusion in the negative by relying on preemption under 11 U.S.C. § 546(e).

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