Recent Appellate Decisions Spotlight Split on Postpetition Interest for Unimpaired Creditors
By Andrew S. Mordkoff, Partner, & Erin C. Ryan, Associate, Willkie Farr & Gallagher LLP
A recent wave of key decisions has placed a spotlight on an issue that has divided courts for years. That is, whether unimpaired creditors are entitled to postpetition interest in solvent debtor cases and if so, the appropriate rate of interest that should apply.
Since these issues were...
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Erin Ryan is an associate in the New York office of Willkie Farr and Gallagher LLP’s Business Reorganization & Restructuring Department. She has experience representing creditor groups and debtors in large, complex Chapter 11 cases and out-of-court restructurings. In addition to debtor representations, Ryan has been involved in the representation of ad hoc groups of unsecured creditors, special committees of independent directors, an official committee of tort claimants, and an asbestos trust in a complex bankruptcy litigation.
Andrew Mordkoff is a partner in the Business Reorganization & Restructuring Department of Willkie Farr and Gallagher LLP. He represents debtors, creditors, sponsors, and investors in large, complex Chapter 11 cases and out-of-court restructurings. He has been involved in numerous complex deals, including Momentive’s landmark Chapter 11 cases; Core Media in the “American Idol” owner’s complex cross-border filing; and Aegerion Pharmaceuticals in its reorganization. Mordkoff is also a member of the New York City Bar Association’s Bankruptcy & Corporate Reorganization Committee.