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 ...
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 d...
Davis Polk partners Frank Azzopardi, Scott Herrig and Eli Vonnegut authored “Intellectual Property and Personal Data in Drop-Down Financings,” a chapter in the ninth edition of Intern...
On May 20, 2019, the U.S. Supreme Court issued a significant decision in Mission Product Holdings, Inc. v. Tempnology, LLC, holding that the rejection of a trademark license in bankruptcy...
On January 17 2019, the U.S. Court of Appeals for the Fifth Circuit issued a decision strongly suggesting that make-whole premiums are not payable in bankruptcy to unsecured and undersecu...
In a much-anticipated decision, on October 20, 2017, the U.S. Court of Appeals for the Second Circuit concluded that (1) the Bankruptcy Court erred in not determining whether an efficient...
Articles & Books
The Banking Law Journal, Volume 134, Number 3, March 2017
The authors of this article discuss a recent U.S. Court of Appeals for the Third Circuit ruling that noteholders were entitled to payment of an optional redemption premium at the make-who...
On November 17, the U.S. Court of Appeals for the Third Circuit, based in Philadelphia, held that noteholders were entitled to payment of an optional redemption premium at the make-whole ...
Unanimous panel affirms dismissals of two actions brought by creditors seeking to avoid transactions through an end run around Section 546
In a final opinion dated March 29, 2016, the Sec...
