Section 1129 Bankruptcy Code

Carve-out Provision in DIP Financing Order Did Not Limit Fees to Committee Counsel

03/30/17

In the recent decision of In re Molycorp, Inc., 562 B.R. 67 (Bankr. D. Del. 2017), Judge Sontchi held that a carve-out provision in a DIP financing order did not act as an absolute limit on the fees and expenses payable to counsel to the creditors committee in a case with a confirmed chapter 11 plan.

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