Whyte v. Barclays Bank PLC et al
| Bettina M. Whyte |
| Barclays Bank PLC and Barclays Capital, Inc. |
| 1:2012cv05318 |
| July 9, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jed S. Rakoff |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
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OPINION AND ORDER: In sum, the Court, confirming its "bottom-line " Order, holds that where, as here, creditors' claims are assigned along with Chapter5 federal avoidance claims to a litigation trust organized pursuant to a Chapter 11 plan, the section 546(g) "safe harbor" impliedly preempts state-law fraudulent conveyance actions seeking to avoid "swap transactions" as defined by the Code. Accordingly, the Clerk of the Court is hereby directed to enter final judgment dismissing the amended complaint, with prejudice. (Signed by Judge Jed S. Rakoff on 6/11/2013) (js) Modified on 6/11/2013 (js).
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