Paul Green

Paul Green

Jones Day

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Fifth Circuit Suggests Claims for Make-Whole Amounts Should Be Disallowed

The Situation On January 17, 2019, the Fifth Circuit strongly suggested that claims for make-whole damages be characterized as "unmatured interest" and that claims for postpetition interest on unsecured debt be limited in...more

1/31/2019  /  Absolute Priority Rule , Bankruptcy Code , Best Interest Standard , Cramdown , Creditors , Interest Rates , Lenders , Liquidated Damages , Make-Whole Doctrine , Split of Authority

Oil and Gas Industry Update: Second Circuit Upholds Rejection of Sabine Gas Gathering Agreements

In a highly anticipated decision—Sabine Oil & Gas Corp. v. Nordheim Eagle Ford Gathering, LLC (In re Sabine Oil & Gas Corp.), 734 Fed. Appx. 64, 2018 WL 2386902 (2d Cir. May 25, 2018)—the U.S. Court of Appeals for the Second...more

10/11/2018  /  Bankruptcy Code , Chapter 11 , Commercial Bankruptcy , Gathering Agreements , Motion for Reconsideration , Oil & Gas , Post-Bankruptcy Covenants , Section 365
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