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New Opinion Raises Difficult Questions on Adequate Creditor Protection

A new opinion in the Scopac case raises difficult questions about adequate protection. In Matter of Scopac , No. 09-40307 (5 th Cir. 10/19/10), which can be found here, the Fifth Circuit ruled that secured creditors were entitled to a super priority claim for failure of adequate protection even though...

Energy Future Holdings – More Bad News for Bondholders on Make-Whole Premiums

by Ben Feder For the second time in the past few months, Judge Christopher Sontchi has dashed the hopes of certain creditors in the Energy Future Holdings (“ EFH ”) chapter 11 case that they would be paid a make-whole premium worth over $400 million . Make-whole premiums are often used...