Enforceability of Make-Whole Premiums in Chapter 11

American Bankruptcy Institute Journal

Shana A. Elberg

Partner Shana Elberg and associate Edward Mahaney-Walter discuss the varied rulings regarding the enforceability of “make-whole” premiums in bankruptcy. Such rulings have been heavily litigated because of the value that is often at stake and the ambiguity governing the enforceability of such provisions in Chapter 11.