By Ron E. Meisler, Carl T. Tullson, Jennifer Madden, Justin Larsen (Skadden) A number of recent bankruptcy court rulings have …
Ultra III: Law Firm Perspectives
By Xiao Ma (Harvard Law School) On November 26, 2019, the Fifth Circuit granted a petition for rehearing en banc and issued a …
Make-Whole Claims in Bankruptcy
By Sam Lawand (White & Case LLP) The well-established “perfect tender in time rule” dictates that debt must be repaid only …
Fifth Circuit’s Ultra Petroleum Decision Suggests Make-Wholes are Unenforceable in Bankruptcy, Questions Collectability of Contract Rate Postpetition Interest
By Donald S. Bernstein, Timothy Graulich, Marshall S. Huebner, Darren S. Klein, Brian M. Resnick, Christopher Robertson, Damian S. …
Momentive: Law Firm Perspectives
On October 28, 2017, the United States Court of Appeals for the Second Circuit handed down its decision in In re MPM Silicones, …