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Insolvency and automatic acceleration in US Chapter 11: to accelerate, or not to accelerate, that is the question

9 February 2025 / Author(s): Tim Lees , Sarah Campbell , Douglas Deutsch , Michelle McGreal
Issue: February 2025 / Categories: Feature

There are two approaches to acceleration following the filing of bankruptcy. On the one hand, a typical US style debt document provides for automatic acceleration on an insolvency event of default. On the other hand, many other jurisdictions typically do not include such automatic acceleration provisions in financing documents. This article discusses the primary differences between the Chapter 11 treatment of a loan that automatically accelerates the debt following an insolvency and a loan in which such acceleration is at the discretion of the lender.

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