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Bankruptcy Appeal (801) | New York Southern
USCA Mandate
MANDATE of USCA (Certified Copy) USCA Case Number 22-2101 (L); 23-0965(L). The appeals in the above captioned cases from an order and judgment of the United States District Court for the Southern District of New York were argued on the district court's record and the parties' briefs. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is REVERSED in part and AFFIRMED in part.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/29/2025..(nd)
USCA Order - Other
OPINION of USCA (Certified Copy) as to 601 Notice of Appeal, filed by Greig Mitchell, Fairfield Lambda Ltd. (In Liquidation), Kenneth Krys, Fairfield Sentry Limited (In Liquidation), Fairfield Sigma Limited (In Liquidation) USCA Case Number 22-2101. By adopting the "broad language" of the safe harbor provision, Congress sought to prevent "settled securities transactions" from being unwound in a way that "would seriously undermine markets in which certainty, speed, finality, and stability are necessary to attract capital." In re Tribune, 946 F.3d at 90-92. "A lack of protection against the unwinding of securities transactions would be akin to the effect of eliminating the limited liability of investors for the debts of a corporation: a reduction of capital available to American securities markets." Id. at 93. Contrary to arguments advanced on appeal, there is "no conflict between Section 546(e)'s language and its purpose." Id. at 92. That language operates here to bar claims seeking to avoid covered transactions. We reverse the judgment of the district court insofar as it allowed the constructive trust claims to proceed and otherwise affirm. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 8/5/2025..(tp)
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