Capital Markets
The Conference’s work where bankruptcy meets the financial markets — safe harbors for securities and derivatives, the resolution of failing financial institutions, and how digital assets are treated in insolvency — and the targeted amendments that keep the Code working as Congress intended.
Where the Conference shapes the law of bankruptcy and the financial markets.
The Capital Markets Committee examines how the Bankruptcy Code treats the financial system — the safe harbors that shield settlement payments and financial contracts, fraudulent-transfer exposure in leveraged buyouts, the resolution of systemically important financial institutions, and whether customer crypto and stablecoin reserves belong to a failed firm’s estate. Its reports propose targeted amendments to the Code and flag where the case law has drifted from what Congress intended.
Safe harbors
When § 546(e) and the financial-contract safe harbors should — and should not — shield a transfer.
Financial institutions
How a failing bank holding company or systemically important firm is resolved under the Code.
Digital assets
Whether customer crypto and stablecoin reserves belong to the estate when a platform fails.
The full committee
Reports & positions on bankruptcy and the financial markets.
The Insolvency Provisions of the GENIUS Act
How the GENIUS Act’s stablecoin rules play out in bankruptcy — reserves kept out of the estate, and holder claims ranked ahead of all others.
Read Conferees onlyCrypto Bankruptcy Update
Whether crypto in customer accounts is estate property or the customer’s own — worked through the Celsius and FTX cases.
Read Conferees onlyThe 2022 UCC Amendments for Digital Assets
Where the states stand on the 2022 UCC amendments, and what they settle for debtors’ rights in digital assets, transfer timing, and perfection.
ReadWeighing a financial-markets provision?
Get the Conference’s non-partisan read — and a direct line for technical assistance on safe harbors, financial institutions, and digital assets.