Recently, both the US Bankruptcy Courts for the Southern District of New York and the District of Delaware issued important decisions holding that the automatic acceleration of debt caused by a bankruptcy filing did not trigger a debtor's obligation to pay a make-whole premium. These courts now require that a make-whole claim be supported by clear and express language in the applicable documents providing that the premium is payable upon acceleration. For more information on the enforceability of make-whole provisions in bankruptcy and strategies to mitigate the risk that a court will not allow a make-whole claim, see Practice Note, Treatment of Make-whole and No-call Provisions in Bankruptcy and Checklist, Chemtura Roadmap: Analysis of Make-whole and No-call Provisions in Bankruptcy.