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Make Whole Premium Payments Under Bankruptcy Code

The Fifth Circuit Court of Appeals and signaled further disagreement with the Bankruptcy Court for the District of Delaware over the treatment of make whole premium payments under the Bankruptcy Code. The crux of the case rested on the solvent debtor exception. ....

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It's Ultra-Complicated: Fifth Circuit and Delaware Bankruptcy Court Decisions Widen Rifts on Make-Whole Premiums and Postpetition Interest | ArentFox Schiff

Recent decisions by the Fifth Circuit Court of Appeals and the Bankruptcy Court for the District of Delaware signal further disagreement over the treatment of “make-whole” premium. ....

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Special Alert: Fifth Circuit Targets Make-Whole Claims in Bankruptcy - Insights | Proskauer Rose LLP

In an important decision to private credit lenders, the Fifth Circuit Court of Appeals held that a make-whole premium for an unsecured creditor tied to future interest payments is the. ....

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Delaware Bankruptcy Court Rules That Unsecured Creditors Of A Solvent Debtor Are Entitled To Post-Petition Interest At The Federal Judgment Rate, Not The Default Interest Rate - Insolvency/Bankruptcy/Re-structuring

On December 22, 2021, Judge Mary Walrath of the Bankruptcy Court for the District of Delaware held in In re The Hertz Corp. that redemption premiums may potentially qualify as unmatured interest. ....

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Unsecured Creditors Entitled to Post-Petition Interest

Judge Mary Walrath of the Bankruptcy Court for the District of Delaware held in In re The Hertz Corp. that redemption premiums may potentially qualify as unmatured interest, and that, to the extent that such redemption premiums are unmatured interest on unsecured debt. ....

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