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The Fifth Circuit Court of Appeals and signaled further disagreement with the Bankruptcy Court for the District of Delaware over the treatment of make whole premium payments under the Bankruptcy Code. The crux of the case rested on the solvent debtor exception.
Recent decisions by the Fifth Circuit Court of Appeals and the Bankruptcy Court for the District of Delaware signal further disagreement over the treatment of “make-whole” premium...
The United States Court of Appeals for the Fifth Circuit entered its (second) opinion in the case of In re Ultra Petroleum Corporation, Case No. 21-20008, on October 14, 2022,...
In Short - The Situation: Courts have disagreed over whether a make-whole premium triggered by a borrower's bankruptcy filing must be disallowed as unmatured interest. The...