Valerie Eliasen

Valerie Eliasen

King & Spalding

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Fifth Circuit Determines that Raymond James Is Subject to Bankruptcy Trust Litigation and Affirmative Defenses Are Not Available

Louisiana Pellets, Inc. and German Pellets Louisiana, LLC filed for Chapter 11 bankruptcy in 2016. The bankruptcy court confirmed the debtors’ plan in 2017, which established a liquidating trust for the debtors’ remaining...more

5/17/2024  /  Affirmative Defenses , Bankruptcy Code , Bankruptcy Court , Chapter 11 , Commercial Bankruptcy , Liquidation , Securities Litigation , Trustees

Safe Harbor Provision of Section 546(e) Applies to Privately Held Securities

On May 2, 2023, the U.S. District Court for the Southern District of Indiana reversed a bankruptcy court, finding that Section 546(e) of the Bankruptcy Code preempts state law fraudulent transfer claims and that the...more

7/20/2023  /  Bankruptcy Code , Bankruptcy Court , Bridge Loan , Chapter 7 , Privately Held Corporations , Reversal , Safe Harbors , Section 546(e) , Securities , Stock Purchase Agreement
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