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Chapter 11: Options for Reinstating Accelerated Debt After a Monetary Default

Lender Strategies to Avoid Being Sidelined During Confirmation; Debtor Strategies for Keeping Low Interest Loans

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, December 19, 2023

Recorded event now available

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This CLE webinar will discuss whether and how Chapter 11 debtors can reinstate attractive loans, even those accelerated pre-petition, while at the same time preventing the lender from objecting to confirmation. The panel will review debtor and lender positions regarding what has to be done, how to determine the cost of reinstatement, timing, and payment as well as disparate views on a similar question of whether an unsecured claim is "unimpaired" by a plan if the claim's treatment does not include post-petition interest.


Debtors can preserve low interest rate obligations as part of a restructuring by reinstating defaulted loans through the plan of reorganization. Reinstatement also provides powerful strategic benefits to a debtor—by unimpairing the lender, the debtor effectively sidelines the lender from objecting to confirmation of the plan. Therefore lenders often put up roadblocks to reinstatement.

The issue that continues to vex lenders, debtors, and the courts is to what extent borrowers must honor all their prepetition contractual obligations to satisfy the Bankruptcy Code’s reinstatement requirements, specifically and especially, any obligation to pay default interest rates and fees. The Bankruptcy Code's reinstatement conditions are anything but straightforward, requiring counsel and the court to decipher the interplay of Bankruptcy Code Sections 1124, 365, and 1123--all ambiguous and complex.

An analogous issue arises in the context of an unsecured claim that is treated as unimpaired by a plan that does not include post-petition interest. Such treatment may allow equity-holders to recover before creditors are truly made whole and prevents such “unimpaired” creditors from voting to reject the plan. Once again, parties must grapple with multiple Code sections to analyze the issue.

Listen as this preeminent panel offers insights and welcome clarity on the exceedingly difficult and important issues surrounding reinstatement of loans.



  1. Secured loans
    1. Benefits of reinstatement to debtors
    2. Lender opposition to reinstatement
    3. Statutory basis for reinstatement in plan of reorganization
    4. Harmonizing the relevant Bankruptcy Code provisions
    5. Current cases
    6. Unresolved issues
  2. Unsecured loans and post-petition interest


The panel will review these and other key issues:

  • What defaults must be reinstated in order to "unimpair" a secured creditor?
  • Do Sections 1124(2)(A) and 365(b)(2)(D) create an exception to Section 1123(d)?
  • What types of unique state law considerations affect the analysis?
  • Can default interest and fees be challenged as an unenforceable penalty?


Haberkorn, Adam
Adam P. Haberkorn

O'Melveny & Myers

Mr. Haberkorn is a corporate counsel in O’Melveny’s New York office who focuses his practice on advising...  |  Read More

Shamah, Daniel
Daniel S. Shamah

O'Melveny & Myers

Mr. Shamah is a premier restructuring lawyer who is universally lauded by peers and clients for his expertise in...  |  Read More

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