Opinion of Interest – Wells Fargo Bank, N.A. v. The Hertz Corp.

On January 20, 2022, Mayer Brown Restructuring lawyers Louis Chiappetta (Partner), Lucy Kweskin (Partner), and Samuel Rabuck (Associate) published an article in Law360 on a recent ruling from an adversary proceeding in the In re The Hertz Corp. bankruptcy case by the Delaware Bankruptcy Court on the enforceability of make-whole premiums in bankruptcy.

Given the uncertainty of their enforceability in bankruptcy proceedings, make-whole provisions have long been a source of contention for debtors and creditors alike.  The article highlights the importance of careful drafting to avoid common pitfalls with make-whole provisions.

The complete article can be viewed by following this link.