Many bankruptcy practitioners have focused on the recent decisions in Momentive that forced secured creditors to refinance prepetition loans at below market interest rates. Most of these practitioners’ publications focus on the courts’ findings and the potential implication on future matters. However, three interesting questions are not addressed in most (if any) of these publications. In part 2 of this article series featured on QuickReadBuzz.com, Managing Director Michael Vitti addresses the third question:
Could future courts use the same methodology employed in Momentive yet arrive at the market interest rate by making a reasonable change in one or two assumptions.
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