September 21, 2018

Does Allowing Postpetition Interest on an Unpaid Make-Whole Amount Result in an Impermissible Double Recovery?

Partner James Millar authored an article for the New York Law Journal titled “Does Allowing Postpetition Interest on an Unpaid Make-Whole Amount Result in an Impermissible Double Recovery?,” which examines the broad application of the Fifth Circuit’s forthcoming decision in Ultra Petroleum.

This article takes a look at the pending bankruptcy appeal in Ultra Petroleum and how the Fifth Circuit is considering “whether noteholders of a solvent debtor may recover a make-whole amount plus postpetition default interest until payment in full.” Jim goes on to note why this issue has arisen and the potential widespread impact of the Fifth Circuit’s decision.

Read "Does Allowing Postpetition Interest on an Unpaid Make-Whole Amount Result in an Impermissible Double Recovery?

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