An Adroitly Drafted Makewhole Is Allowable in Bankruptcy, New York Judge Says
Judge Bernstein distinguishes a Second Circuit opinion to rule that a makewhole premium is allowable in bankruptcy.
Disallowing Part of a Claim Doesn’t Make the Claim Impaired, Fifth Circuit Says
Newly appointed circuit judge uses ancient English law to illuminate the Bankruptcy Code.
Court:
Makewhole Premium Disallowed When the Debt Had Been Accelerated
Judge Flatley avoids taking sides in the Second/Third Circuit split.
Get Ready for the GDP Hot Takes
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Second Circuit Splits with Third on Makewholes Occasioned by Bankruptcy
Till doesn’t apply in fixing cramdown interest rates in major corporate reorganizations, circuit says.
Court:
Southern’s Georgia Power Objects to Westinghouse Bankruptcy Loan
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