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Mark Shapiro on FTX, After Living Lehman & Distress Round-Up: State of Distressed Debt

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Is 546E of the Bankruptcy Code a Safe Harbor?

The basic black letter law in bankruptcy is that only debtors are put together in a substantive consolidation. It's very rare for a non-dinner to be part of that. So I expect that you're not going to see a subcon with the joint provisional liquidation company. And then third, and most people haven't been talking about this yet, but I think it will get talked about in the not too distant future, is those people who have had transfers in and out of these entities,. Will they be sued and for what?

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