Practice Mobile Menu Trigger Overview Experience Team Insights Subscribe to insights April 5, 2023 Articles & Books Tell me your secrets: Chapter 11 discovery risks for investor valuation materials Davis Polk partner and Restructuring practice co-head Marshall Huebner and partner Elliot Moskowitz authored “Tell me yo... December 28, 2022 Articles & Books More Restructuring Is Coming for Credit Lenders and Investors Davis Polk Restructuring co-heads and partners Marshall Huebner and Damian Schaible, partner Angela Libby and associate Pa... October 21, 2022 Client Update Fifth Circuit decides make-whole premiums are disallowed as equivalent of unmatured interest In Ultra Petroleum, the Fifth Circuit became the first circuit court to determine that claims for payment of a make-whole ... September 1, 2022 Client Update Divided Ninth Circuit finds solvent debtors owe post-petition interest at applicable contract rate In a 2-1 ruling, the Ninth Circuit became the first circuit court to hold that the “solvent debtor exception” affords ... July 18, 2022 Client Update Bankruptcy Court holds sacred right in an indenture is not an anti-lien subordination clause The Delaware Bankruptcy Court in Bayside Capital Inc. v. TPC Group Inc. offers a counterpoint to TriMark by holding that a... January 5, 2022 Client Update It never Hertz to ask: Court declines to dismiss make-whole claims, limits post-petition interest In Hertz, the Delaware Bankruptcy Court declined to dismiss certain claims for make-whole premiums pending a factual deter... January 6, 2021 Client Update Two important December New York District Court decisions highlight risks in distressed company decision-making Judge Rakoff’s Nine West decision allowed fiduciary duty claims to proceed against LBO seller directors and officers bas... August 5, 2020 Articles & Books Lessons for the loan market from recent liability management transactions Davis Polk partners Jason Kyrwood, James Florack, Meyer Dworkin and Kenneth Steinberg recently authored an article for the... March 24, 2020 Client Update Restructuring Debt Securities: Options and Legal Considerations - March 2020 This memorandum outlines some key considerations for companies contemplating restructuring their outstanding debt securiti... December 8, 2016 Client Update Court Rules Debt-for-Debt Exchange Offer Limited to Institutional Investors Does Not Violate Trust Indenture Act An issuer of high yield bonds won dismissal of claims brought by retail noteholders who claimed that a debt swap of new se... Load More
April 5, 2023 Articles & Books Tell me your secrets: Chapter 11 discovery risks for investor valuation materials Davis Polk partner and Restructuring practice co-head Marshall Huebner and partner Elliot Moskowitz authored “Tell me yo...
December 28, 2022 Articles & Books More Restructuring Is Coming for Credit Lenders and Investors Davis Polk Restructuring co-heads and partners Marshall Huebner and Damian Schaible, partner Angela Libby and associate Pa...
October 21, 2022 Client Update Fifth Circuit decides make-whole premiums are disallowed as equivalent of unmatured interest In Ultra Petroleum, the Fifth Circuit became the first circuit court to determine that claims for payment of a make-whole ...
September 1, 2022 Client Update Divided Ninth Circuit finds solvent debtors owe post-petition interest at applicable contract rate In a 2-1 ruling, the Ninth Circuit became the first circuit court to hold that the “solvent debtor exception” affords ...
July 18, 2022 Client Update Bankruptcy Court holds sacred right in an indenture is not an anti-lien subordination clause The Delaware Bankruptcy Court in Bayside Capital Inc. v. TPC Group Inc. offers a counterpoint to TriMark by holding that a...
January 5, 2022 Client Update It never Hertz to ask: Court declines to dismiss make-whole claims, limits post-petition interest In Hertz, the Delaware Bankruptcy Court declined to dismiss certain claims for make-whole premiums pending a factual deter...
January 6, 2021 Client Update Two important December New York District Court decisions highlight risks in distressed company decision-making Judge Rakoff’s Nine West decision allowed fiduciary duty claims to proceed against LBO seller directors and officers bas...
August 5, 2020 Articles & Books Lessons for the loan market from recent liability management transactions Davis Polk partners Jason Kyrwood, James Florack, Meyer Dworkin and Kenneth Steinberg recently authored an article for the...
March 24, 2020 Client Update Restructuring Debt Securities: Options and Legal Considerations - March 2020 This memorandum outlines some key considerations for companies contemplating restructuring their outstanding debt securiti...
December 8, 2016 Client Update Court Rules Debt-for-Debt Exchange Offer Limited to Institutional Investors Does Not Violate Trust Indenture Act An issuer of high yield bonds won dismissal of claims brought by retail noteholders who claimed that a debt swap of new se...