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Articles by Ron E. Meisler
Recent Delaware Bankruptcy Rulings Address Whether a Plan of Reorganization Can Deny a ‘Make-Whole’ Payment Without Impairing Lenders’ Claims | JD Supra
[co-author: Justin Larsen] Takeaways “Make-wholes” — one-off payments required if debt is prepaid or, in certain cases, otherwise accelerated — have generated litigation, with debtors contending they can continue to pay lenders under the debt’s original terms without the lenders’ consent and without paying the make-whole.
PG&E Judge Rules that Postpetition Interest for Unsecured Creditors of Solvent Debtors Accrues at Federal Judgment Rate, Finding that Statutory Curtailment of Rights Does Not Constitute Impairment | Skadden, Arps, Slate, Meagher & Flom LLP - JDSupra
On December 30, 2019, Judge Dennis Montali of the United States Bankruptcy Court for the Northern District of California, presiding over the PG&E bankruptcy case,1 issued a memorandum decision regarding a dispute between the debtors (the PG&E Debtors) and certain of their unsecured creditors — including the Official Committee of Unsecured Creditors, the Ad Hoc Committee of Senior Unsecured Noteholders and the Ad Hoc Committee of Holders of Trade Claims (together, the Unsecured Creditors) —...
Recent Developments in the Enforceability of Make-Whole Premiums in the Second Circuit | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Recent Developments in the Enforceability of Make-Whole Premiums in the Second Circuit | Lexology
In March 2019, Judge Stuart M. Bernstein of the U.S. Bankruptcy Court for the Southern District of New York ruled that lenders using clear and unambiguous language in their loan agreements may be entitled to prepayment premiums that they would have otherwise forfeited in a borrower’s bankruptcy. In In re 1141 Realty Owner LLC, Judge Bernstein acknowledged the general rule set forth in the U.S. Court of Appeals for the Second Circuit’s decisions in In re AMR Corp.
Second Circuit Allows Avoidance Actions Against Foreign Transferees in Madoff Proceeding | JD Supra
On February 25, 2019, the U.S. Court of Appeals for the Second Circuit vacated the bankruptcy court’s dismissal of avoidance actions brought by Irving Picard, the trustee (Trustee) for the liquidation of Bernard L.
Oil and gas companies brace for fall redeterminations | Lexology
For most of 2015, industry observers have predicted that depressed commodity prices will result in a surge in M&A activity among domestic exploration and production (E&P) companies, as well as a large number of bankruptcy filings by E&P companies. During the first nine months of the year, several factors served to delay the surge.
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