A lender's right to recover a make-whole premium as part of its allowed claim in a bankruptcy case has been the subject of considerable judicial debate over the past number of years, with some courts allowing recovery and others denying it. Earlier this year, the U.S. Bankruptcy Court for the Southern District of New York added to the debate by denying bondholders the right to payment of a make-whole premium in connection with the debtor's refinancing of the bond debt.
- April 30, 2013David M. Hillman and Karen S. Park
Highlights of the latest franchising cases from around the country.
April 30, 2013Chris BussertProposed franchise legislation featured prominently in "An Agenda for Justice," a report recently released by the British Columbia Branch of the Canadian Bar Association.
April 30, 2013Dominic MochrieThis article discusses the important lessons that buyers, sellers and their professional advisers seem to have drawn in the last few years with respect to private equity's involvement in franchising.
April 30, 2013David W. KochAnalysis and discussion of several major rulings.
April 29, 2013ALM Staff | Law Journal Newsletters |Two recent rulings and what they mean.
April 29, 2013ALM Staff | Law Journal Newsletters |A look at Pomerance v. McGrath and what it means.
April 29, 2013ALM Staff | Law Journal Newsletters |An in-depth look at White v. Farrell, decided last month, and what it means for breach of a contract.
April 29, 2013Stewart E. SterkAre the imperatives of innovation and compliance always mutually exclusive? This article explores these very different but perhaps not always incompatible concerns.
April 29, 2013Paul Bent

