The Precedential Value Of Sagamore Partners

Law360, New York (July 22, 2015, 11:19 AM EDT) -- On July 13, 2015, the United States Court of Appeal for the Eleventh Circuit reversed lower court orders that had precluded a lender from collecting accrued default interest from a debtor as a condition for reinstatement of the loan under a confirmed plan of reorganization.[1] While the particular point upon which the reversal was based was the appellate court's disagreement with the notion that the lender had effectively waived its entitlement to default interest in the course of attempting to enforce its rights, the decision, more broadly, affirms that the nonconsensual reinstatement of a loan by a debtor through a Chapter 11 plan requires that any default interest requirements be satisfied in full....

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