News & Analysis as of

Liquidated Damages Make-Whole Doctrine

Jones Day

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

Jones Day on

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

Jones Day

Bankruptcy Court Rules "Make-Whole" Provision Creates Enforceable Liquidated Damages

Jones Day on

The Situation: After a ruling in In re Ultra Petroleum Corp. by the U.S. Bankruptcy Court for the Southern District of Texas, certain private-placement noteholders are entitled to a "make-whole" premium in excess of $200...more

Morgan Lewis

Ultra Court Confirms Make-Whole Amount and Post-Petition Interest for OpCo Noteholders

Morgan Lewis on

The court awarded OpCo Noteholders in excess of $320 million in Make-Whole Amount and post-petition interest, confirming that make-whole is an enforceable liquidated damage claim....more

3 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