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Can an Out-of-the-Money Junior Creditor Share in a Free-and-Clear Bankruptcy Sale?

Foley & Lardner LLP on

On July 9, 2018, the U.S. Court of Appeals for the Seventh Circuit issued an important opinion raising the possibility that out-of-the-money junior creditors might be entitled to share in the proceeds of a free-and-clear...more

Mintz - Bankruptcy & Restructuring Viewpoints

A Momentive Decision: Second Circuit Splits with Third Circuit on Make Whole Premiums; Adopts Sixth Circuit’s Two-Step Approach in...

Mintz - Bankruptcy & Restructuring Viewpoints on

Last week the Second Circuit issued its long-awaited opinion on the appeals of plan confirmation taken by the first lien, 1.5 lien and subordinated noteholders in In re MPM Silicones, LLC (“Momentive”). With one exception,...more

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