Make-whole premiums are often used in connection with the issuance of debt in order to protect noteholders with long term investment horizons from being repaid early. At the time of the bankruptcy filing of EFH in April 2014,...more
7/15/2015
/ Acceleration ,
Automatic Stay ,
Bankruptcy Code ,
Bonds ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Energy Futures Holdings ,
Financial Holding Company ,
Long-Term Investment Funds ,
Make-Whole Premium ,
Rescission ,
Section 362
The Supreme Court has not handled its recent major bankruptcy decisions well. The jurisdictional confusion engendered by its 2011 decision in Stern v. Marshall was only partially clarified by this term’s opinion in Wellness...more
Four years ago, in Stern v. Marshall, the Supreme Court stunned many observers by re-visiting separation of powers issues regarding the jurisdiction of the United States bankruptcy courts that most legal scholars had viewed...more
Judge Robert Gerber ruled last week that General Motors LLC (“New GM”), the entity formed in 2009 to acquire the assets of General Motors Corporation (“Old GM”), is shielded from a substantial portion of the lawsuits based on...more