Defending Avoidance Actions: The “Settlement Payment” Safe Harbor Receives Broad Interpretation Under In re Elrod Holdings By Fox Rothschild LLP on October 10, 2008 When considering defenses to avoidance actions, ordinary course, new value and contemporaneous exchange often come to mind. A less common defense arises under 11 U.S.C. § 546(e), excluding from avoidance actions "settlement… Continue Reading Defending Avoidance Actions: The “Settlement Payment” Safe Harbor Receives Broad Interpretation Under In re Elrod Holdings
