This panel will begin with a review and discussion focused on analyses and authority splits on topics related to the solvent-debtor exception to section 502(b)(2), including what constitutes an impairment of claims, whether post-petition interest is appropriate and, if so, what interest rate should control, and make-whole premiums. The panelists will then turn to current challenges faced in recent mass tort cases for troubled (but not financially troubled) debtors at risk of insolvency.
Recorded at the Bankruptcy Institute in November 2023.