Buchwald Capital Advisors LLC v. Dimitrios Papas, No. 18-1167 (6th Cir. 2019)

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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19a0199n.06 Case No. 18-1167 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED In re: GREEKTOWN HOLDINGS, LLC, Debtor. ________________________________________ BUCHWALD CAPITAL ADVISORS, LLC, solely in its capacity as Litigation Trustee to the Greektown Litigation Trust, Plaintiff-Appellant, v. DIMITRIOS PAPAS, et al., Defendants-Appellee. BEFORE: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Apr 22, 2019 DEBORAH S. HUNT, Clerk ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN ORDER 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 -2-

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