News & Analysis as of

Debtors Acceleration

Holland & Knight LLP

Making Lemonade from Lemons: A Mortgage Lender's Guide to Successful Loan Workouts, Part 2

Holland & Knight LLP on

If you are a mortgage lender who followed the recommendations in the first article in this series, then you should have a solid grasp of your mortgage portfolio. You have identified the relevant players and their respective...more

Hinshaw & Culbertson - Consumer Crossroads

The Texas Supreme Court Has Spoken: Mortgage Servicers May Rewind and Restart the Statute of Limitations Clock Within the Same...

Last week, the Texas Supreme Court answered the Fifth Circuit’s certified question as to whether simultaneous rescission and reacceleration can reset the limitations period under Texas Law by holding that “a rescission that...more

Troutman Pepper

Make-Whole Provision Upheld by Bankruptcy Court Despite Lender's Loan Acceleration

Troutman Pepper on

In a win for lenders, on March 18, the U.S. Bankruptcy Court for the Southern District of New York held that an unambiguous make-whole provision in a loan contract was enforceable under New York law, despite the fact that the...more

Snell & Wilmer

Not so Fast! How Does Revoking Acceleration of a Note Impact the Statute of Limitations?

Snell & Wilmer on

Lenders routinely accelerate notes after a default occurs, calling the entire loan due immediately. Less regularly, a lender may change its mind and unilaterally revoke the acceleration. Rarely, however, does a lender fail to...more

McGuireWoods LLP

Third Circuit Enforces Make-Whole Premium for Notes Accelerated by Bankruptcy Filing

McGuireWoods LLP on

Some term loans allow borrowers to redeem debt. But to protect a lender’s expected yield, such loans often impose a “make-whole premium” on redemption. That is, they require compensation to the lender for the borrower’s...more

Cole Schotz

Third Circuit Court of Appeals: Energy Future Required to Pay Make-Whole Payments

Cole Schotz on

In a decision released on November 17, 2016, the Third Circuit Court of Appeals reversed the holding of the Delaware Bankruptcy Court, affirmed by the District Court, that EFIH is not required to pay make-whole payments. In...more

Alston & Bird

Third Circuit Recognizes Validity of Prepayment Premiums with Automatic Acceleration in Its Reversal in Energy Future Holdings

Alston & Bird on

In re Energy Future Holdings Corp. (EFH), issued on November 17, 2016, the Third Circuit Court of Appeals held that contractual provisions providing for yield-maintenance or make-whole premiums to noteholders are enforceable...more

Alston & Bird

Bankruptcy & Financial Restructuring Advisory: Delaware District Court Affirms Bankruptcy Court’s Ruling Allowing Debtor to...

Alston & Bird on

The U.S. District Court for the District of Delaware recently affirmed the bankruptcy court’s ruling in the Energy Future Intermediate Holding (EFIH) case finding that the debtor was not required to pay a $431 million...more

Kelley Drye & Warren LLP

Energy Future Holdings – More Bad News for Bondholders on Make-Whole Premiums

Make-whole premiums are often used in connection with the issuance of debt in order to protect noteholders with long term investment horizons from being repaid early. At the time of the bankruptcy filing of EFH in April 2014,...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide