Issue link: https://mbozikis.ufcontent.com/i/1422521
127 fact that the activities in question will hinder, delay, or defraud others. See Hirsch v. Cahill (In re Colonial Realty Co.), 210 B.R. 921, 923 (Bankr. D. Conn. 1997). Under Section 550(c), the trustee may not seek recovery from a transferee who is a non-insider creditor if the avoided transfer at issue was a preference that was made between ninety days and one year before the filing of the petition for the benefit of an insider creditor. Finally, according to Section 550(f) of the Bankruptcy Code, an action to recover avoided transfers must be brought no later than the earlier of one year after the transfer was avoided or the date the case is closed or dismissed. Finally, it should be noted that whereas the fraudulent conveyance provision of the Bankruptcy Code (Section 548) speaks in terms of avoiding either transfers made or obligations incurred, Section 550, while applicable to Section 548, only refers to transfers avoided and not to obligations incurred. G. Special Exceptions 1. Swap Agreements, Commodity and Securities Contracts, Forward Contracts, Repurchase Agreements and Master Netting Agreements a. Overview As discussed above in Chapter V.E.3., one of the most important tools of a Chapter 11 reorganization is the trustee's or debtor-in-possession's ability to assume favorable executory contracts while rejecting those that are not. Generally, a trustee or a debtor-in-possession enjoys these powers notwithstanding the existence of contractual provisions known as ipso facto clauses that purport to give the non-bankrupt party the right to terminate the relevant contract upon the occurrence of certain bankruptcy- or insolvency-triggered defaults or termination events. 73 73 Ipso facto clauses are provisions that terminate or modify the debtor's rights based on its financial condition, the filing of a bankruptcy or insolvency