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ABI Journal

363

Delaware & New York Courts Still Agree on Treatment Among Undersecured Creditors

Post-petition interest accruals aren’t counted in figuring distributions among undersecured creditors with liens on the same collateral.

State Law, Not Filing Date, Governs Distributions to Co-Owners, Fifth Circuit Says

The distributive share to co-owners is not fixed as of the filing date under Section 363(j).

Flip Clauses in Swaps Held Enforceable by District Judge in New York

For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.