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Chapter 11 › Bankruptcy Code › Contract Disputes

Latham & Watkins LLP

Can Lenders Stay in the Driver’s Seat? The Enforceability of Make-Whole Premiums in Bankruptcy

Latham & Watkins LLP on

Borrowers and lenders must both be aware of the risks relating to uncertainty regarding make-whole premiums in bankruptcy. The enforceability of “make-whole” premiums in bankruptcy has become a hotly contested issue in...more

Shumaker, Loop & Kendrick, LLP

US Column: The Impact of "Applicable Non-Bankruptcy Law" in Chapter 11 Proceedings

Shumaker, Loop & Kendrick, LLP on

Seasoned global insolvency professionals are aware that the Bankruptcy Code is the governing law of Chapter 11 cases. The US Bankruptcy Code contains the phrase "unless applicable non-bankruptcy law provides otherwise" in...more

Clark Hill PLC

How Bankruptcy Courts Interpret Intercreditor Agreements: The Uncertainty of Judicial Perspective

Clark Hill PLC on

Intercreditor Agreements typically are contractual arrangements among lenders of similar or differing priorities to a single borrower secured by the assets of the borrower, often including real estate assets. These multiple...more

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