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Results: 1-10 of 35

Appellate panel teaches the electric slide, sets forth a standard for determining whether electricity is a “good” for purposes of section 503(b)(9)

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • October 2 2014

And so we return to the debate about whether electricity is a “good” for purposes of section 503(b)(9) of the Bankruptcy Code this time featuring

“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

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

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

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

What goes up ... Quick glance 3 at Ohio oil and gas leases in bankruptcy

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • August 2 2013

As with our prior posts on oil and gas leases in bankruptcy (located here and here), this post presents another thorny issue - namely, "Is an oil and

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

8th Circuit expands application of new value defense in preference actions

  • Cooley LLP
  • -
  • USA
  • -
  • April 22 2014

On March 20, 2014, the Court of Appeals for the Eighth Circuit issued an important decision in Stoebner v. San Diego Gas & Electric Co. (In re LGI

A closer look at the Satcon Technology bankruptcy

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • October 21 2012

On October 17, 2012, Satcon Technology Corporation and various of its subsidiaries (collectively, "Satcon") filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware

Supreme Court of North Dakota finds that simple interest, rather than compound interest, is appropriate under the North Dakota unpaid royalties statute. Van Sickle v. Hallmark & Assoc., Inc., 2013 ND 218 (N.D. 2013)

  • Stinson Leonard Street LLP
  • -
  • USA
  • -
  • February 11 2014

In Van Sickle, the plaintiffs each owned a royalty interest in a well that was originally leased by Comanche Oil Company, which later assigned its