Whether Section 101(22)(A) of the Bankruptcy Code should be interpreted on a contract-by-contract basis or a transfer-by-transfer basis when determining whether a transfer is exempt from avoidance under 11 U.S.C. § 546(e)

QUESTION PRESENTED Whether Section 101(22)(A) of the Bankruptcy Code, which defines a “financial institution,” should be interpreted on a basis or a basis when determining whether a transfer is exempt from avoidance under 11 U.S.C. § 546(e). ii RULE 14.1(b)(i) STATEMENT Petitioners are Joseph Stafiniak, Kathleen Nedorostek Kaswell, Mary E. Belle, Wayne Kulkin, Irene A. Koumendouros, Ira Margulies, John D’Souza, Jack Gross, Patricia Kenny, Vincent Morales, Daniel Fishman, Frances Lukas, Mitchel Levine, Nicoletta Palma, Stephen C. Troy, Gregg Marks, and Whitney L. Smith, who were defendants in the district court and appellees in the court of appeals. Respondents are Marc S. Kirschner, as Trustee for the NWHI Litigation Trust, and Wilmington Savings Fund Society, FSB, as Successor Indenture Trustee for the 6.875% Senior Notes due 2019, the 8.25% Senior Notes due 2019, and the 6.125% Senior Notes due 2034 of Nine West Holdings, Inc. Respondents were plaintiffs in the district court and appellants in the court of appeals. The other respondents, made up of certain other defendants and appellees in this action, are set forth in the