The US Court of Appeals for the Third Circuit on September 10, 2024 issued its anticipated opinion in In re The Hertz Corp., with a majority holding that make-whole premiums constitute unmatured interest disallowed by the US...more
US Bankruptcy Judge Mary F. Walrath of the District of Delaware entered an order on April 21 in In re Nine Point Energy Holdings, Inc., Case No. 21-10570 (MFW) (Bankr. D. Del. Apr. 21, 2021), finding that Caliber Measurement...more
4/26/2021
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Bankruptcy Code ,
Bankruptcy Court ,
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Commercial Bankruptcy ,
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Creditors ,
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Reservation of Rights ,
Service Agreements
The US Court of Appeals for the Tenth Circuit has ruled that proceeds from property that was fraudulently transferred cannot be recovered under Section 550 of the Bankruptcy Code. ...more
In a holding that is significant for fixed-rate lending markets, the US Court of Appeals for the Fifth Circuit recently ruled that certain make-whole provisions constitute “unmatured interest” and are thus not within...more