Peter V. Marchetti

  • Visiting Professor of Law

Education

BS, Northeastern University
JD, Suffolk University Law School (Magna Cum Laude)

Professor Peter Marchetti has joined the Haub Law faculty as a visiting professor from Thurgood Marshall School of Law, Texas Southern University. His teaching and research interests include bankruptcy and reorganization, finance, secured transactions, commercial law, banking law, business associations, commercial transactions, contracts, property law, and law and economics.

Before joining academia, Professor Marchetti 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 worked on capital markets transactions (including swaps, other derivatives and repos), chapter 11 bankruptcy matters, and a wide variety of both syndicated and bilateral commercial finance transactions (including real estate lending, asset backed lending, and project finance (including oil and gas) lending). Prior to WestLB, he was an associate at Cadwalader, Wickersham & Taft and at Thelen, Reid & Priest in New York City. Before entering private practice, Professor Marchetti served as a Judicial Law Clerk to the Justices of the Massachusetts Superior Court.

Publications

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)

  • Cited in In re Tops Holding II Corp., 646 B.R. 617, 687 n. 329 (Bankr. S.D.N.Y. 2022).

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)

  • Cited in CCT Communications, Inc. v. Zone Telecom, Inc., 327 Conn. 114, 151, 164 (2017)

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)