Recovery of Make-Whole Premiums

Earlier this year, the U.S. Bankruptcy Court for the Southern District of New York added to the debate on alender's right to recover a make-whole premium as part of its allowed claim in a bankruptcy case.

9 minute read May 01, 2013 at 04:23 PM
By
David M. Hillman And Karen S. Park
Recovery of Make-Whole Premiums

A lender's right to recover a make-whole premium as part of its allowed claim in a bankruptcy case has been the subject of considerable judicial debate over the past number of years, with some courts allowing recovery and others denying it.

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