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Fifth Circuit: Make-Whole Premiums Should Be Disallowed as Unmatured Interest

USA - January 29 2019 On January 17, 2019, the Fifth Circuit Court of Appeals issued its opinion in In re Ultra Petroleum Corporation1 reversing...

Christopher Harris, Mitchell A. Seider, Richard A. Levy.

Ever-Expanding Safe Harbor Leaves Creditors’ Claims Stranded at Sea

USA - April 12 2016 On March 29, 2016, the Second Circuit issued its opinion in In re Tribune Company Fraudulent Conveyance Litig., unanimously holding that creditors’...

Brett R. Schroeder, Mark A. Broude, David L. Schwartz.

Delaware Bankruptcy Court confirms lock-up agreements are a valuable tool not a violation of the Bankruptcy Code

USA - February 13 2013 On January 31, 2013, the Bankruptcy Court for the District of Delaware issued an opinion that approved the confirmation of the proposed plan in In re...

Josef S. Athanas, Caroline A. Reckler.

Seventh Circuit disagrees with Philadelphia Newspapers and finds that credit bidding required for asset sales in bankruptcy plans

USA - July 18 2011 When entering into secured transactions, most secured lenders long assumed that, even in a bankruptcy, their borrowers would not be able to sell encumbered assets free and clear of the lenders’ liens without the lenders’ consent or, without at least providing the lenders the opportunity to bid their secured debt at an auction....

Josef S. Athanas, Caroline A. Reckler, Andrew J. Mellen.