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Restructuring Department Bulletin – November 2022

November 17, 2022 Download PDF

In the latest issue of the Restructuring Department Bulletin, we highlight two Second Circuit decisions, one denying an appeal of Windstream’s chapter 11 plan confirmation on equitable mootness grounds, and the other reinstating its previous ruling directing the refund of chapter 11 statutory fees that it had found unconstitutional. We also note that the Fifth Circuit denied rehearing of its recent decision holding that the Bankruptcy Code disallowed the contractual make-whole amount at issue as the economic equivalent of unmatured interest, but that the solvent debtor exception nonetheless required its payment. Finally, we highlight restructuring partner Kyle Kimpler’s recognition as one of Turnarounds & Workouts' 2022 Outstanding Young Restructuring Lawyers.

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