LAW.coLAW.co

Bettina M. WHYTE, as Trustee of the SemGroup Litigation Trust, Plaintiff-Appellant, v. BARCLAYS BANK PLC, Barclays Capital, Inc., Defendants-Appellees

United States Court of Appeals for the Second Circuit2016-03-24No. No. 13-2653-CV
644 F. App'x 60

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

SUMMARY ORDER

Plaintiff Bettina M. Whyte, as Trustee of the SemGroup Litigation Trust, appeals from the district court’s June 12, 2013, judgment granting defendants’ motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). The district court held that “the [Bankruptcy Code’s] section 546(g) ‘safe harbor’ impliedly preempts state-law fraudulent conveyance actions seeking to avoid ‘swap transactions’ as defined by the Code.” Whyte v. Barclays Bank PLC, 494 B.R. 196, 201 (S.D.N.Y. 2013). We affirm for substantially the reasons stated in In re: Tribune Company Fraudulent Conveyance Litigation, 13-3992-cv; 13-3875-cv; 13-4178-cv; 13-4196-cv, which was heard in tandem with the present matter.