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Are Unsecured Creditors of a Solvent Debtor Entitled to Post-Petition Interest at the Contract Rate? Recent Circuit Court of Appeals Decisions Say "Yes" | Nelson Mullins Riley & Scarborough LLP

January 5, 2023
Two recent decisions from circuit courts of appeal – the Fifth and Ninth – have addressed a question that does not arise often: in a solvent-debtor chapter 11 case, is the debtor...
Dow Corning Corp Pge Corp Enterprises Us Inc Nelson Mullins Riley Scarborough Ultra Petroleum Circuit Decision In Ultra Petroleum Corp
Source: jdsupra.com

Fifth Circuit Chapter 11 Debtors Must Pay According to Contract

October 19, 2022
Ultra Petroleum entitled to payment of contractually mandated Make-Whole Amount and default rate of interest. Creditors in Fifth Circuit over years and now appears reached a successful end with October 14, 2022 decision of Fifth Circuit in In re: Ultra Petroleum Corporation.
New York United States Supreme Court Ultra Petroleum Corporation Ultra Petroleum Corp Ultra Petroleum
Source: natlawreview.com

The Ongoing Solvent Debtor Debate: Divided Ninth Circuit Panel Holds that PG&E Creditors Are Entitled to Contract Rate of Interest | Cadwalader, Wickersham & Taft LLP

September 13, 2022
On August 29, 2022, the Court of Appeals for the Ninth Circuit held in Ad Hoc Comm. of Holders of Trade Claims vs. Pacific Gas and Elec. Co. (In re PG&E Corp.) that when a debtor is...
United States Dow Corning Corp Wells Fargo Bank Us Bankruptcy Court Pge Corp Wickersham Taft
Source: jdsupra.com

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