Rm. Cieri et al., SAFE HARBOR IN UNCHARTED WATERS - SECURITIES LAW EXEMPTIONS UNDER SECTION 1125(E) OF THE BANKRUPTCY CODE, The Business lawyer, 51(2), 1996, pp. 379
Securities issues often confront corporations seeking to reorganize un
der chapter 11 of the Bankruptcy Code. This Article explores the safe
harbor provided by section 1125(e) of the Bankruptcy Code and the stri
ngent requirements of federal and state securities laws. It explains t
he history, purpose, and scope of section 1125(e) as an aid to securit
ies practitioners in structuring transactions in the chapter 11 contex
t. Finally, it explores potential expansions of the safe harbor-i.e.,
to prepackaged plans of reorganization.