Variable Rate Notes News Today

This digest outlines some of the significant legal work undertaken by Conyers on behalf of our clients around the world since the beginning of 2022. The year was challenging for many of...

In a recent decision, Twiford Enters. v. Rolling Hills Bank & Trust ( In re Twiford Enters.), 2020 Bankr. LEXIS 2964, 2020 WL 6075691 (10th Cir. BAP 2020), the Tenth Circuit Bankruptcy Appellate Panel affirmed the lower court’s decision awarding postpetition interest pursuant to section 506(b). The disputed issue was whether a reference in the variable rate promissory notes to an internal rate index maintained by the bank was sufficiently clear and specific to support a claim for postpetiti...