Bankruptcy Code Preempts LLC Act's Statute of Repose for Recovery of Distributions

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by a judge in the Bankruptcy Court for the District of Delaware holding that Section 546 of the Bankruptcy Code preempts Delaware’s three-year statute of repose on the liability of a member for distributions from a limited liability company. The effect of the decision was to give the Chapter 7 trustee more time to commence an avoidance action to recover distributions made by a debtor LLC to its members.

To read the article, click here


Share Page On LinkedIn

Related Attorneys

Mark E. Felger

Co-Chair, Bankruptcy, Insolvency & Restructuring

mfelger@cozen.com

(215) 605-8889

Barry M. Klayman

Of Counsel

bklayman@cozen.com

(302) 295-2035


Related Practices