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Results: 1-10 of 37

Risk and opportunity amid falling oil prices

  • Jones Day
  • -
  • USA
  • -
  • December 2 2014

The mainstream media have been trying to predict, on almost a daily basis, the causes of, and the winners and losers (mostly focused on the latter

NAESB contract not protected by Bankruptcy Code safe harbor provisions

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 8 2007

The decision of the U.S. Bankruptcy Court in Hutson v. Smithfield Packing Co. (In re National Gas Distributors, LLC) poses potentially serious problems for parties trading gas under the North American Energy Standards Board (NAESB) base contract

Perfection and priority of oil & gas producers' liens in doubt

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • June 25 2009

Oil and gas producers in Texas and a handful of other states have had the comfort of believing that they held purchase money security interests against the production in the hands of first purchasers and proceeds of that production

A closer look at the Bicent Power bankruptcy

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • April 29 2012

On April 23, 2012, Bicent Holdings LLC, and various related entities (collectively "Bicent" or the "Debtors") filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware

“Officer” titles do they confer insider status?

  • Dechert LLP
  • -
  • USA
  • -
  • September 24 2014

Insider status in U.S. bankruptcy carries with it significant burdens. Insiders face a one year preference exposure rather than the 90 day period

The intersection of M&M liens and bankruptcy law

  • Locke Lord LLP
  • -
  • USA
  • -
  • December 15 2014

The Fifth Circuit recently dealt with the interplay of bankruptcy and oil and gas liens in the case of In Re: T.S.C. Seiber Services, L.C., decided

Lehman Brothers ruling calls into question enforceability of cross-affiliate netting in bankruptcy

  • Sutherland Asbill & Brennan LLP
  • -
  • USA
  • -
  • May 18 2010

The U.S. Bankruptcy Court for the Southern District of New York recently issued an opinion in the case of In re Lehman Brothers Holdings Inc. that significantly restricts the scope of setoff rights for energy traders and other participants in derivatives and forward commodity markets

Fifth Circuit holds that supply agreement is a "forward contract" for bankruptcy avoidance protection

  • Orrick Herrington & Sutcliffe LLP
  • -
  • USA
  • -
  • August 14 2012

On August 2, 2012, the United States Court of Appeals for the Fifth Circuit issued a decision in the bankruptcy case for MBS Management Services, Inc

Fifth Circuit finds that an electricity requirements contract is a “forward contract” exempt from Bankruptcy Code’s avoidance powers

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • October 11 2012

On August 2, 2012, the United States Court of Appeals for the Fifth Circuit held that a requirements contract for electricity is a forward contract for purposes of section 546(e) of the Bankruptcy Code and, therefore, settlement payments made under the contract are exempt from avoidance as preferences

Energy Future Holding Corp. files a chapter 11 case to restructure roughly $50b of debt

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • May 6 2014

On April 29, 2014, power giant Energy Future Holding Corp. ("Energy Future"), along with 70 subsidiaries, filed for chapter 11 protection in the