Recent case law reminds practitioners and lenders to pay careful attention when drafting prepayment premium provisions in debt instruments or risk having the premiums disallowed in a borrower’s bankruptcy case.
USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Maturity (finance), United States bankruptcy court
In In re Cook, 2014 Bankr. LEXIS 67 (B.A.P. 8th Cir. Jan.
USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
In a recent decision [1] arising from the In re Residential Capital LLC, et al.