Houmand Law Firm, LTD.

Houmand Law Firm, LTD.

Supreme Court Decision Resolves Disagreement Among Circuits Concerning the “Securities Safe Harbor” Under 11 U.S.C. § 546(e)

On February 27, 2018, the United Supreme Court issued its decision in Merit Management Group, LP v. FTI Consulting, Inc., 138 S. Ct. 883 (2018), which significantly curtailed the ability of a defendant in an action commenced by a bankruptcy trustee under Chapter 5 of …

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Substantive Consolidation Might Redefine A Debtor: Impact On Predicate Creditors Under § 544(b)

The March 2018 edition of the American Bankruptcy Institute Journal features an article published by Jacob L. Houmand and Kyle J. Ortiz titled Substantive Consolidation Might Redefine A Debtor: Impact On Predicate Creditors Under § 544(b).  The article examines recent case law analyzing the effect of …

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A Bankruptcy Trustee’s Ability to Waive A Debtor’s Attorney-Client Privilege

Outside the context of a bankruptcy proceeding, it is undisputed that the attorney-client privilege only belongs to the client.  Moore v. Eason (In re Bazemore), 216 B.R. 1020, 1023 (Bankr. S.D. Ga. 1998).  Upon the filing of a bankruptcy petition, however, the relationship between an …

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