Bankruptcy Law News and Insights

The Year In Bankruptcy: 2018

Published: Feb 23, 2019
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Rumors of another recession multiplied as the tumultuous second year of the Trump administration came to a close. Highlights of 2018 included a simmering trade war with China; political upheaval after the House of Representatives was retaken by Democrats in the midterm elections; mayhem in financial markets; and, in December,...

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Fifth Circuit Disallows Make-Whole Payment In Bankruptcy

Published: Feb 19, 2019
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On Jan. 19, 2019, the U.S. Court of Appeals for the Fifth Circuit vacated a bankruptcy court decision awarding Ultra Petroleum Corp. noteholders $201 million in make-whole payments and $186 million in post-petition interest. Under the note agreement, upon a bankruptcy filing, the issuer is obligated for a make-whole amount...

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Can I Recover Attorneys’ Fees In Bankruptcy?

Published: Feb 15, 2019
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The United States Court of Appeals for the Fourth Circuit — which covers federal courts in North Carolina — recently handed a big victory to lenders whose borrowers file for bankruptcy protection. In SummitBridge National Investments III, LLC v. Faison, the Fourth Circuit held that if a lender's loan documents contain...

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