Third Circuit Upholds The Enforceability Of Make-Whole Premiums In Post-Bankruptcy Context

In a recent November 17, 2016 opinion, Delaware Trust Co. v. Energy Future Intermediate Holding Company LLC, Case No. 16-1351, the Third Circuit Court of Appeals reversed two lower court opinions by holding that make-whole premiums can be enforceable even if the debt was automatically accelerated by a voluntary bankruptcy filing.

Filed under:
USA, New York, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Second Circuit, Third Circuit
Authors:
Jacqueline Gottlieb Luther
Location:
USA
Firm:
Sheppard Mullin Richter & Hampton LLP