Amir Gamliel Partner

Loan documents often contain provisions that require borrowers to pay an additional fee, known as a make-whole or prepayment pre[1]mium, to the extent that they pay their debt in full prior to the loan’s maturity date. This additional fee is intended to “compensate the lender [for] the loss of anticipated interest” or “yield that was expected at the time they made their loans.”

An important improvement aimed at ensuring a faster, less expensive, and more tailored approach to reorganizations involving smaller businesses was embedded in the recent $2 trillion recovery package known as the Coronavirus Aid, Relief and Economic Security Act (CARES Act).

Elderly individuals are among the most vulnerable members of our society. Those who also require acute medical care are even more vulnerable.

Contracts routinely include anti-assignment and ipso facto provisions, which are typically unenforceable in bankruptcy cases. Such provisions restrict contracting parties from transferring their obligations and rights under the agreement to a third party without obtaining permission. They are known as "anti-assignment clauses." They also permit termination due to the bankruptcy financial condition, or insolvency of a party — known as "ipso facto clauses."

CLE Presentation, Firmwide
A presentation for bankruptcy and non-bankruptcy litigators, as well as transactional lawyers, on evaluating and navigating the contours of fraudulent transfer and preference claims.