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.

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