On January 20, 2022, Mayer Brown Restructuring lawyers Louis Chiappetta (Partner), Lucy Kweskin (Partner), and Samuel Rabuck (Associate) published an article in Law360 on a recent ruling from an adversary proceeding in the In re The Hertz Corp. bankruptcy case by the Delaware Bankruptcy Court on the enforceability of make-whole premiums in bankruptcy.

Given the uncertainty of their enforceability in bankruptcy proceedings, make-whole provisions have long been a source of contention for debtors and creditors alike.  The article highlights the importance of careful drafting to avoid common pitfalls with make-whole provisions.

The complete article can be viewed by following this link.