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SDNY Judge Rules Lenders Can Retain Mistakenly Paid Funds

In a decision issued Feb. 16, 2021, Judge Furman of the U.S. District Court for the Southern District of New York held that lenders who were mistakenly paid in full by Citibank (the “Agent”) could retain those funds because...more

2nd Circuit: Secured Lenders Entitled to Market-Rate Interest in Cram-Down Plan

In October 2017, the 2nd U.S. Circuit Court of Appeals, in In re MPM Silicones (Momentive) LLC, held that a non-consenting class of creditors is entitled to receive post-confirmation interest at a market rate if an efficient...more

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