Buchwald Capital Advisors LLC v. Dimitrios Papas

• Court: Court of Appeals for the Sixth Circuit
• Decided: April 22, 2019
• Docket: 18-1167
• Status: Unpublished

Opinion

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19a0199n.06

Case No. 18-1167

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

FILED In re: GREEKTOWN HOLDINGS, LLC, ) Apr 22, 2019 DEBORAH S. HUNT, Clerk ) Debtor. ) ________________________________________ ) ON APPEAL FROM THE BUCHWALD CAPITAL ADVISORS, LLC, ) UNITED STATES DISTRICT solely in its capacity as Litigation Trustee to the ) COURT FOR THE EASTERN Greektown Litigation Trust, ) DISTRICT OF MICHIGAN ) Plaintiff-Appellant, ) v. ) ) ORDER DIMITRIOS PAPAS, et al., ) ) Defendants-Appellee. ) )

BEFORE: COLE, Chief Judge; STRANCH and READLER, Circuit Judges.

On February 27, 2018, two weeks after this appeal was filed, the United States Supreme

Court decided Merit Management Group, LP v. FTI Consulting, Inc., 138 S. Ct. 883 (2018), and

in the process resolved a circuit split over the correct interpretation of Section 546(e) of the

Bankruptcy Code—the safe harbor provision at issue in this case. Merit Management squarely

addresses the dispositive issue in this case and abrogated the Sixth Circuit precedent on which both

the bankruptcy court and district court relied, see In re QSI Holdings, Inc., 571 F.3d 545 (6th Cir.

2009). Accordingly, we hereby vacate the district court’s judgment and remand the case to the Case No. 18-1167, In re Greektown Holdings

bankruptcy court for reconsideration in accordance with the Supreme Court’s recent decision in

Merit Management. See In re Markowitz, 190 F.3d 455, 458 (6th Cir. 1999).

ENTERED BY ORDER OF THE COURT

___________________________________ Deborah S. Hunt, Clerk

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