Third Circuit Sides With Creditors in EFIH Make-Whole Dispute

At the end of last year, the Third Circuit added to several recent decisions addressing whether a creditor was entitled to payment of a "make- whole" premium in connection with a Chapter 11 case. The court's opinion is the most creditor-friendly decision issued to date on this topic.

10 minute read July 02, 2017 at 12:02 AM
By
John J. Rapisardi and Joseph Zujkowski
Third Circuit Sides With Creditors in EFIH Make-Whole Dispute

At the end of last year, the U.S. Court of Appeals for the Third Circuit added to several recent decisions addressing whether a creditor was entitled to payment of a “make- whole” premium in connection with a Chapter 11 case.

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