Nicholas C.E. Walter

Jones Day

Articles

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

USA - December 6 2022 On October 14, 2022, the U.S. Court of Appeals for the Fifth Circuit issued a long-awaited ruling on whether Ultra Petroleum Corp. ("UPC") must pay a…

Bruce Bennett, James O. Johnston, Heather Lennox, Joshua M. Mester, C. Lee Wilson

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, Heather Lennox, Joshua M. Mester, 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, Heather Lennox, Joshua M. Mester, C. Lee Wilson