Joon P. Hong, Keith N. Sambur, Michael Friedman, Publications
Memorandum: Cure Claims in Bankruptcy - Delphi Bankruptcy Case Raises Issues
January 25, 2008
Below is a memo written by our lawyers, Michael Friedman, Joon P. Hong and Keith Sambur regarding potential problems that purchasers of unsecured trade claims may face in the event such claims become “cure claims” in a bankruptcy case. The memo discusses the difficulties presented by the recent cure claims procedures used in the Delphi bankruptcy case and offers steps that claims purchasers can take to protect the enhanced economic value of trade claims to the extent they become “cure claims” in a bankruptcy case.