Making Sense Out of Make Wholes: Treatment of "Make Whole Provisions" in Bankruptcy

July 9, 2020

A “make whole provision” in a credit agreement means borrowers must pay all future interest, even if the loan is paid off early.  In bankruptcy, the rule is usually that no interest is due after the filing date.  This panel will explain what happens when these two worlds collide.

Panelists:

• Regina Stango Kelbon (moderator), Blank Rome, Wilmington, DE
• Philip D. Anker, WilmerHale, New York, NY
• Michael G. Burke, Sidley Austin LLP, New York, NY
• Scott A. Griffin, Griffin Hamersky LLP , New York, NY

Presented by: Business Bankruptcy Committee and Bankruptcy Court Structure and Insolvency Process Committee

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