Hertz: Third Circuit Weighs In On Make-Whole Premiums And The “Solvent-debtor Exception” In Chapter 11 Cases -
A handful of recent high-profile court rulings have considered whether a chapter 11 debtor is obligated to pay postpetition, pre-effective date interest (“pendency interest”) to unsecured creditors to render their claims “unimpaired” under a chapter 11 plan in accordance with the pre-Bankruptcy Code common law “solvent-debtor” exception.
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