This second edition of the market-leading comprehensive guide to the current state of the law on make-wholes in bankruptcy includes updates for new case law developments. Few topics gener...
The Plan—the result of years-long efforts by the Debtors (represented by Davis Polk) and other key stakeholders to resolve opioid clams against Purdue and recover from its owners—will...
In Ultra Petroleum, the Fifth Circuit became the first circuit court to determine that claims for payment of a make-whole premium are disallowed under section 502(b)(2) of the Bankruptcy ...
Davis Polk partners Frank Azzopardi, Scott Herrig and Eli Vonnegut authored “Intellectual Property and Personal Data in Drop-Down Financings,” a chapter in the ninth edition of Intern...
On May 20, 2019, the U.S. Supreme Court issued a significant decision in Mission Product Holdings, Inc. v. Tempnology, LLC, holding that the rejection of a trademark license in bankruptcy...
On January 17 2019, the U.S. Court of Appeals for the Fifth Circuit issued a decision strongly suggesting that make-whole premiums are not payable in bankruptcy to unsecured and undersecu...
In a much-anticipated decision, on October 20, 2017, the U.S. Court of Appeals for the Second Circuit concluded that (1) the Bankruptcy Court erred in not determining whether an efficient...
Articles & Books
The Banking Law Journal, Volume 134, Number 3, March 2017
The authors of this article discuss a recent U.S. Court of Appeals for the Third Circuit ruling that noteholders were entitled to payment of an optional redemption premium at the make-who...
On November 17, the U.S. Court of Appeals for the Third Circuit, based in Philadelphia, held that noteholders were entitled to payment of an optional redemption premium at the make-whole ...
