In a decision entered just before the end of the year in the PG&E bankruptcy cases, Judge Montali issued an opinion (the “Opinion”) finding that unsecured creditors in a solvent bankruptcy case are entitled under the...more
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
Debt indentures often contain what is known as a “make-whole” provision, which requires the borrower, upon an early repayment of the debt, to make an additional payment to the lender to compensate the lender for its...more