HERTZ After Cert Denial: Make-Wholes, Solvent Debtors, and the Reach of § 502(b)(2)
The article discusses the legal implications of a solvent debtor, referencing The Hertz Corporation's case and the Supreme Court's denial of certiorari.
A solvent debtor cannot have it both ways. That is the real lesson of In re The Hertz Corporation. With the Supreme Court denying certiorari on January 12, 2026, the Third Circuit’s decision now stands as settled law in one of the country’s most important Chapter 11 venues. And the opinion matters because it does two things at once.... By: Nelson Mullins Riley & Scarborough LLP
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