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Reconsidering Safe Harbors For Repurchase Agreements
Recent decades have seen substantial expansion in exemptions from the Bankruptcy Code’s provisions with respect to repurchase agreements, or “repos.” These agreements, which are equivalent to very-short-term (often one-day) secured loans, are exempt from such core bankruptcy provisions as the automatic stay, the avoidability of fraudulent transfers and the avoidability of preferences. Recent scholarship has questioned whether these exemptions are justified for mortgage-backed securities and other securities that could prove illiquid or unable to realize their long-term value in the event of the kind of panic experienced during the financial crisis of 2007-09. This panel will explore the arguments for and against revising the Bankruptcy Code’s existing treatment of these agreements.
Flapjacks and Sage Advice: Judges’ Panel on Everything!
Your favorite judges will answer the most difficult questions fielded from ABI members in the weeks before this event and from members of the audience. Hear the judges provide their input on best practices, interesting arguments and the current state of the law.
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