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    Third Circuit Follows Fifth and Ninth Circuits on Treatment of Make-Whole Claims in Bankruptcy
    2024-09-18

    In a much-anticipated decision, the United States Court of Appeals for the Third Circuit recently held that unsecured noteholders’ claims against a debtor for certain “Applicable Premiums” were the “economic equivalent” to unmatured interest and, therefore, not recoverable under section 502(b)(2) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Private equity, Coronavirus, PG&E
    Authors:
    David M. Hillman , Vincent Indelicato , Michael M. Mezzacappa , Charles A. Dale , Timothy Q Karcher , Marc B. Friess , Frederic L. Ragucci , Ji Hye You
    Location:
    USA
    Firm:
    Proskauer Rose LLP
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