Debtors’ counsel often assume that a borrower’s insolvency gives them meaningful leverage to challenge an oversecured lender’s claim for postpetition default interest under Section 506(b) of the Bankruptcy Code. Judge Philip Bentley’s recent bench decision in In re 33 Mako, LLC challenges that assumption. This opinion clarifies how courts in the Second Circuit apply the
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Case Roundup for July 13, 2026
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