Loan agreements and bond indentures often prohibit a borrower or issuer from prepaying a loan or bond prior to its stated maturity without paying a “makewhole premium” or “redemption premium,” which is a sum of money, paid in...more
Rick Wynne: The JOAs are very common; they allow co-owners of undivided fractional interests to use a single operator, but they also are particularly vulnerable in a bankruptcy because they’re normally executory contracts...more
In a unanimous 25 February panel decision, the Second Circuit Court of Appeals held that the trustee liquidating Bernard L. Madoff's investment firm can claw back billions in Ponzi scheme proceeds from investors who received...more