Hertz Ruling Could Help Debtors Avoid Make-Whole Premiums

By Theresa Foudy and Alexander Severance ( January 18, 2023, 4:23 PM EST) -- In October, the U. S. Court of Appeals for the Fifth Circuit released its long-anticipated decision in In re: Ultra Petroleum Corp. , or Ultra III, affirming that make-whole premiums and contract rates of post-petition interest can be collected in bankruptcy when the debtor is solvent. [1]. . .

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