Ultra Petroleum Bankruptcy Court Allows Make-Whole Claim and Post-Petition Default Interest

Alerts and Updates

The opinion is significant for a number of reasons, not least of which is that the Bankruptcy Court held that a make-whole premium is not a claim for unmatured interest as the Court of Appeals had intimated.

Filed under:
USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Title 11 of the US Code, United States bankruptcy court
Authors:
Christopher M. Winter
Location:
USA
Firm:
Duane Morris LLP
SCOTUS Prohibits Non-Consensual Structured Dismissals in Deviation of Bankruptcy Code Priority Scheme

The immediate effect of Jevic will be that practitioners may no longer structure dismissals in any manner that deviates from the priority scheme of the Bankruptcy Code without the consent of impaired creditors.

Filed under:
USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Unsecured debt, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court, Third Circuit
Authors:
Rudolph J. Di Massa, Jr. , Christopher M. Winter
Location:
USA
Firm:
Duane Morris LLP
SCOTUS Prohibits Non-Consensual Structured Dismissals in Deviation of Bankruptcy Code Priority Scheme

The immediate effect of Jevic will be that practitioners may no longer structure dismissals in any manner that deviates from the priority scheme of the Bankruptcy Code without the consent of impaired creditors.

Filed under:
USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Unsecured debt, Title 11 of the US Code, SCOTUS, United States bankruptcy court, Third Circuit
Authors:
Rudolph J. Di Massa, Jr. , Christopher M. Winter
Location:
USA
Firm:
Duane Morris LLP