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Third Circuit Enforces Post-Acceleration Make-Whole Premium

USA - November 18 2016 The U.S. Court of Appeals for the Third Circuit held on Nov. 17, 2016 that a debtor’s refinancing of its first and second lien notes during its...

Lucy F. Kweskin, Michael L. Cook, Lawrence V. Gelber.

District court affirms cramdown plan in Momentive case

USA - May 14 2015 The U.S. District Court for the Southern District of New York, on May 4, 2015, affirmed U.S. Bankruptcy Judge Robert D. Drain’s decision confirming...

Lucy F. Kweskin, Karen S. Park, David M. Hillman.

“Redemption option value”: mandatory distributions to out-of-the-money stakeholders

USA - February 5 2015 On Dec. 8, 2014 the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 (the "Commission") issued its 2012-2014 Final Report...

Karen S. Park, Michael L. Cook, Lawrence V. Gelber, David M. Hillman, Aaron B. Wernick.

Priming DIPs: the new normal?

USA - December 22 2014 Following the Dec. 8 publication by the American Bankruptcy Institute ("ABI") Commission to Study the Reform of Chapter 11 of a report (the "Report")...

Brian C. Tong, Michael L. Cook, Lawrence V. Gelber, David M. Hillman.

Bankruptcy Court approves non-market cramdown rate on Momentive secured creditors

USA - October 15 2014 On Aug. 26, 2014, the Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") issued an oral bench ruling in connection with...

Karen S. Park.