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Fifth Circuit Rules on the "Solvent-Debtor Exception" and Make-Whole Premiums

USA - October 28 2022 Courts have disagreed over whether a make-whole premium triggered by a borrower's bankruptcy filing must be disallowed as unmatured interest. They…

Bruce Bennett, James O. Johnston, Joshua M. Mester, Nicholas C.E. Walter, C. Lee Wilson

Divided Ninth Circuit Rules That Unimpaired Unsecured Creditors of a Solvent Debtor May Be Entitled to Post-Petition Interest at Contract or State Default Rates

USA - September 20 2022 The Situation: Bankruptcy courts have split on what rate of post-petition interest unimpaired creditors of a solvent debtor are entitled to receive…

Bruce Bennett, James O. Johnston, Joshua M. Mester, Nicholas C.E. Walter, C. Lee Wilson

Business Restructuring Review Vol. 21 No. 4 July-August 2022

USA - August 2 2022 On June 6, 2022, the U.S. Supreme Court issued a much-awaited decision, Siegel v. Fitzgerald, No. 21-441, __. U.S. __, 2022 WL 1914098 (U.S. June 6…

Dan T. Moss, Daniel J. Merrett (Dan), T. Daniel Reynolds (Dan), Mark G. Douglas, Dan B. Prieto

Recent Trends in Corporate Debt and Reorganizations: Laying the Groundwork for Future Large Chapter 11 Cases or Just More Runway?

USA - January 17 2022 After commercial Chapter 11 filings soared to their highest levels in more than a decade in 2020, the numbers gradually came back to Earth in the…

Dan T. Moss, Corinne Ball, Brett P. Barragate, I. Lewis H. Grimm, Kevyn D. Orr

Delaware Court Holds Rejection Eliminates Non-Debtor's Exclusive Right to Provide Services to the Debtor

USA - January 14 2022 Nine Point Energy Holdings, Inc. and its affiliates (collectively, "Nine Point" or "Nine Point debtors") constituted an oil and gas production and…

T. Daniel Reynolds (Dan), Nick Buchta, Matthew C. Corcoran