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Are Unsecured Creditors of a Solvent Debtor Entitled to Post-Petition Interest at the Contract Rate? Recent Circuit Court of Appeals Decisions Say Yes | Nelson Mullins Riley & Scarborough LLP

Two recent decisions from circuit courts of appeal – the Fifth and Ninth – have addressed a question that does not arise often: in a solvent-debtor chapter 11 case, is the debtor.

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Fifth Circuit Chapter 11 Debtors Must Pay According to Contract

Ultra Petroleum entitled to payment of contractually mandated Make-Whole Amount and default rate of interest. Creditors in Fifth Circuit over years and now appears reached a successful end with October 14, 2022 decision of Fifth Circuit in In re: Ultra Petroleum Corporation.

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The Ongoing Solvent Debtor Debate: Divided Ninth Circuit Panel Holds that PG&E Creditors Are Entitled to Contract Rate of Interest | Cadwalader, Wickersham & Taft LLP

On August 29, 2022, the Court of Appeals for the Ninth Circuit held in Ad Hoc Comm. of Holders of Trade Claims vs. Pacific Gas and Elec. Co. (In re PG&E Corp.) that when a debtor is.

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18th-century Patent Law Doctrine and the Ultra Petroleum Make-Whole and Post-Petition Interest Dispute | Akin Gump Strauss Hauer & Feld LLP

18th-century Patent Law Doctrine and the Ultra Petroleum Make-Whole and Post-Petition Interest Dispute | Akin Gump Strauss Hauer & Feld LLP
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