Peter Marchetti
Professor of Law

Phone: (713) 313-1008

Email: peter.marchetti@tmslaw.tsu.edu

SSRN Author Page:  https://ssrn.com/author=1445701

Education
JD, Magna Cum Laude from Suffolk University Law School
BS, Northeastern University

Courses Taught
Commercial Law and
Business Associations

Biographical Information
Peter Marchetti’s teaching and research interests are in the following areas: bankruptcy and reorganization, finance, commercial law (secured transactions, payment systems, and sales), banking law, business organizations, contracts, property, and law and economics. Before joining academia, Peter worked as in-house counsel at WestLB AG, which, at the time, was an international commercial bank with world-wide operations. While working at WestLB, he represented the bank in capital markets transactions (including swaps and derivatives transactions, and securities lending transactions), a wide variety of commercial finance transactions (including syndicated loan transactions, real estate lending, asset backed lending, and project finance), chapter 11 bankruptcy matters, and general corporate matters. Before working at WestLB, Peter was an associate at Cadwalader, Wickersham & Taft LLP and Thelen, Reid & Priest LLP in New York City. Before moving to New York, Peter was an associate at McDermott, Quilty & Miller, LLP in Boston. Prior to entering private practice, he served as a Judicial Law Clerk to the Justices of the Massachusetts Superior Court.

Selected Publications: 

• Annual Survey of Judicial Developments Pertaining to Business Bankruptcy, ___ BUS. LAW. ____ (forthcoming 2025) (with Andrea Coles-Bjerre).

• Annual Survey of Judicial Developments Pertaining to Business Bankruptcy, 79 BUS. LAW. 1095 (2024) (with Andrea Coles-Bjerre).
  

• Bankruptcy Remoteness: A Summary Analysis, 77 BUS. LAW. 1105 (2022) (with Colleen H. McDonald, Patrick Archambault, Stephen T. Whelan, Stacey Salters, Steven L. Schwarcz, and Jonathan Seymour)
  

• Section 546(e) Redux—The Proper Construction of the Terms Financial Institution and Financial Participant Contained in the Bankruptcy Code After the U.S. Supreme Court’s Holding in Merit, 43 CARDOZO LAW REV. 1107 (2022)
  o Cited in In re Tops Holding II Corp., 646 B.R. 617, 687 n. 329 (Bankr. S.D.N.Y. 2022); and in In re FTX Trading LTD., No. 22-11068-JTD, 2024 WL 4562675, at *11, N. 31 (Bank. D. Del., Oct. 23, 2024).

• A Note to Congress:  Amend Section 546(e) of the Bankruptcy Code to Harmonize the Underlying Policies of Fraudulent Conveyance Law and Protection of the Financial Markets, 26 AM. BANKR. INST. L. REV. 1 (2018).

• Amending the Flaws in the Safe Harbors of the Bankruptcy Code:  Guarding Against Systemic Risk in the Financial Markets and Adding Stability to the System, 31 EMORY BANKR. DEV. J.305(2015).
  

• Metavante  vs. Section 2(a)(iii)(1) of the ISDA Master Agreement:  The Context is Everything, 31 FUTURES & DERIVATIVES L. REP. 18 (Apr. 2011) (with Sherri Venokur).
  

• Lehman Decision Holds That Mutuality Must Exist to Exercise a Right of Setoff, 29 AM. BANKR. INST. J. 30 (July/Aug. 2010).
  

• Trapped Between a Rock and a Hard Place, 30 FUTURES & DERIVATIVES L. REP. 14 (June 2010).
  

• The Bankruptcy Court’s Ruling in the Lehman-Metavante Matter—Has the Ticking Time Bomb of Enron vs. TXU Exploded or Been Defused?, 30 FUTURES & DERIVATIVES L. REP. 1 (Feb. 2010).
  

• Is the Agreement a Simple Supply or Swap? A Post-BAPCPA Case of First Impression in the Fourth Circuit, 28 AM. BANKR. INST. J. 30 (Apr. 2009).
  

• Critical Vendor Motions, THE BANKRUPTCY STRATEGIST, June 2003 (with Daniel A. Lowenthal, III).
  

• The Impact of the European Monetary Union on the Continuity of International Contracts, 23.1 SUFFOLK TRANSNAT’L L. REV. 355 (1999).

Selected Presentations

• Recent Issues in Lender Liability, Lender Liability and Workouts Joint Subcommittee Meeting at the American Bar Association Business Law Section Spring Meeting in Montreal, QC, Canada (April 7, 2016)
  

• Amend Section 546 of the Bankruptcy Code, 11th Annual International Conference on Contracts (February 26, 2016)
  

• A Proposal to Amend the Flaws in the Safe Harbors of the Bankruptcy Code to Guard Against Systemic Risk in the Financial Markets and to Restore Confidence in the Financial System, 9th Annual International Conference on Contracts (February 21, 2014).

Amicus Briefs:

• Brief for Amici Curie Law Professors in Support of Petitioner, John Paul Salvador v. United States, Supreme Court of the United States, Case No. 24-108 (Aug. 29, 2024), 2024 WL 4064085, Co-Author
  
• Brief for Amici Curie Law Professors in Support of Petitioner, Bartenwerfer v. Buckley, Supreme Court of the United States, Case No. 21-908 (Jul. 26, 2022), 2022 WL 3006299, Co-Author
  
• Brief for Amici Curie Law Professors in Support of Petitioners, Kirschner v. Fitzsimons, Et Al., Supreme Court of the United States, Case No. 21-1006 (Feb. 14, 2022), 2022 WL 490301, Author
  
• Brief for Amici Curie Law Professors in Support of Plaintiff-Appellants, In Re: Nine West LBO Securities Litigation, Case No. 20-3257 (2nd Cir. Mar. 12, 2021), available at: click here, Author
  o Cited in In re: Nine West LBO Securities Litigation, 87 F.4th 130, 145, 149 n.16-17 (2nd Cir. 2023).
  
• Brief for Amici Curie Law Professors in Support of Plaintiff-Appellants, Picard, Et. Al. v. Citibank, N.A., Et. Al., Case No. 20-1333 (2nd Cir. Aug. 12, 2020), available at click here, Author
  
• Brief for Amici Curie Law Professors in Support of Plaintiff-Appellants, Picard, Et. Al. v. Legacy Capital Ltd., Et. Al., Case No. 20-1334 (2nd Cir. Aug. 12, 2020), 2020 WL 4784884, Author
  
• Brief for Amici Curie Law Professors in Support of Petitioners, Deutsche Bank Trust Co. Ams., Et Al., v. Robert R. McCormick Foundation, Et Al., Supreme Court of the United States, Case No. 20-8 (Aug. 7, 2020), 2020 WL 4674300, Author
  
• Brief for Amici Curie Law Professors in Support of Plaintiff-Appellant, In Re: Tribune Company Fraudulent Conveyance Litigation, Case No. 19-3049 (2nd Cir. Jan. 14, 2020), 2020 WL 419555, Author
  

 

Back to Top of the Page