Darren Smolarski

Darren Smolarski

August 30, 2023 | New York Law Journal

Closing the Door on Open Markets? Serta Confirmation Opinion Defines an 'Open Market Purchase' and Finds Transacting Lenders Acted in 'Good Faith'

Lenders holding a majority of loans in a syndicated debt instrument notched another win in the non-pro rata refinancing wars when the U.S. Bankruptcy Court for the Southern District of Texas issued an opinion approving confirmation of the Chapter 11 plan of Serta Simmons Bedding and its affiliated debtors.

By Seth Kleinman, Sean Daly and Darren Smolarski

9 minute read