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“Waving” Farewell to Opposition of Stay Relief: Forbearance Agreements and Prepetition Waivers

Our Financial Restructuring & Reorganization Group takes up the question of whether prepetition automatic stay waivers are enforceable in a Chapter 11 bankruptcy proceeding and what lenders can do to ensure waivers are...more

Delaware Bankruptcy Court Allows Debtor to Sidestep “Make-Whole” Payment

Bankruptcy Judge Christopher S. Sontchi recently ruled in the Energy Future Holdings case that the debtor will not be required to pay the $431 million “make whole” demanded by bondholders upon the debtor’s early payment of...more

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