Enforcement of Intercreditor Agreements in Recent Bankruptcy Creditor Disputes

Enforcement of Intercreditor Agreements in Recent Bankruptcy Creditor Disputes

Section 510(a) of the Bankruptcy Code upholds subordination agreements entered into between lenders prior to bankruptcy but does not operate as a complete bar to lender disputes. Ambiguity in intercreditor agreements may pose potential problems concerning waiver of rights to object during bankruptcy. How courts have considered intercreditor agreements in recent disputes among creditors in bankruptcy is examined by Professor Jennifer Martin.

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