Andrew Brown

“Make-whole” clauses under Ch 11 and Pt 26A restructuring plans

While the Pt 26A restructuring plan in English law has been in existence for five-years, and daily expands its depth of case-law, we still often look across the Atlantic Ocean to the American Ch 11 restructuring fights to see issues not yet addressed on these shores. One such hot topic in the American sphere is the treatment of “make-whole” clauses and post-insolvency interest, and whether such matters can and should be considered within a restructuring.