Jeffrey Ellman

Jeffrey Ellman

Jones Day

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Fifth Circuit Suggests Claims for Make-Whole Amounts Should Be Disallowed

The Situation On January 17, 2019, the Fifth Circuit strongly suggested that claims for make-whole damages be characterized as "unmatured interest" and that claims for postpetition interest on unsecured debt be limited in...more

1/31/2019  /  Absolute Priority Rule , Bankruptcy Code , Best Interest Standard , Cramdown , Creditors , Interest Rates , Lenders , Liquidated Damages , Make-Whole Doctrine , Split of Authority
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