In Ultra Petroleum, the Fifth Circuit became the first circuit court to determine that claims for payment of a make-whole premium are disallowed under section 502(b)(2) of the Bankruptcy…
In a 2-1 ruling, the Ninth Circuit became the first circuit court to hold that the “solvent debtor exception” affords unimpaired creditors of a solvent debtor an equitable right to receive…
The Delaware Bankruptcy Court in Bayside Capital Inc. v. TPC Group Inc. offers a counterpoint to TriMark by holding that a “sacred right” provision in an indenture, which required the…
Davis Polk partner and Restructuring co-head Damian Schaible and associates Jonah Peppiatt and Matthew Masaro authored “Partial ‘Dirt-for-Debt’ Plans: A Risk for Secured Creditors in Oil…
Few topics generate as much attention and commentary within the restructuring community as the treatment of make-wholes in bankruptcy. During the past decade, several prominent judicial…
Davis Polk partner and Restructuring co-head Damian Schaible, counsel Aryeh Falk and associate Jacob Weiner recently authored “Impact of Marshaling and Surcharge Waivers at Plan…
In Hertz, the Delaware Bankruptcy Court declined to dismiss certain claims for make-whole premiums pending a factual determination as to whether the make-whole amounts were the economic…
Davis Polk's “Issues in Midstream Restructurings” webinar series is a three-part event.
Part III covers key features of midstream companies that are organized as master limited…
Davis Polk's “Issues in Midstream Restructurings” webinar series is a three-part event.
Part II covers the rejection of agreements subject to FERC's rate setting authority.
Judge Rakoff’s Nine West decision allowed fiduciary duty claims to proceed against LBO seller directors and officers based on anticipated subsequent transactions by purchaser
Judge Daniels…
