Official Committee of Unsecured Creditors v. Asea Brown Boveri, Inc. (In Re Grand Eagle Companies, Inc.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a plain “simplistic reading of § 546(e
• noting that the term “settlement payment” has been characterized as a technical word or term of art which requires reference to the industry usage of the term at the time of enactment
• noting that the term settlement payment has been characterized as a technical word or term of art which requires reference to the industry usage of the term at the time of enactment
• noting that the term settlement payment has been characterized as a technical word or term of art which requires reference to the industry usage of the term at the time of enactment
• “At best, [section 546(e) ] provides [defendant] with an affirmative defense that it may assert should [plaintiff] prevail on the claims it has raised.... ”
• “reflexive aspect of this provision, i.e., defining the meaning of ‘settlement payment’ by listing a variety of types of ‘settlement payments,’ requires the reader to consider extrinsic information and the final modifying phrase”

Source: CourtListener parenthetical corpus (CC0).