This second edition of the market-leading comprehensive guide to the current state of the law on make-wholes in bankruptcy includes updates for new case law developments. Few topics gener...
Davis Polk Restructuring co-heads and partners Marshall Huebner and Damian Schaible, partner Angela Libby and associate Paavani Garg authored “More Restructuring Is Coming for Credit Le...
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 re...
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 i...
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 Confirm...
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 e...
Judge Rakoff’s Nine West decision allowed fiduciary duty claims to proceed against LBO seller directors and officers based on anticipated subsequent transactions by purchaserJudge Danie...
Yesterday, in response to the coronavirus (COVID-19) emergency, the IRS granted a three-month extension for corporate and other taxpayers to make certain federal income tax payments that ...
