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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...

James M. Lawniczak on the Treatment of Postpetition Interest Under Subordination Agreements

Excerpt: In HSBC Bank USA, Nat'l Ass'n v. Bank of N.Y. Mellon Trust Co., Nat'l Ass'n (In re Bank of New England Corp.) , 646 F.3d 90 (1st Cir. 2011) [ an enhanced version of this opinion is available to lexis.com subscribers / unenhanced version available from lexisONE Free Case...