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Energy: Samson Resources’ prenegotiated reorganization plan with fulcrum debt
  • FisherBroyles
  • USA
  • October 7 2015

As predicted at the Commercial Finance Association's Fourth Annual Energy Summit on September 16th, we should start seeing more and more oil & gas

Hudson Energy denied administrative priority for electricity sold pre-bankruptcy
  • Reed Smith LLP
  • USA
  • October 2 2015

In a September 18, 2015 order, the U.S. District Court for the Southern District of New York affirmed a bankruptcy court order denying administrative

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

Energy Future Holdings more bad news for bondholders on make-whole premiums
  • Kelley Drye & Warren LLP
  • USA
  • July 14 2015

For the second time in the past few months, Judge Christopher Sontchi has dashed the hopes of certain creditors in the Energy Future Holdings ("EFH"

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

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

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

Sixth Circuit holds that assignee is subject to contractual netting provision
  • Ice Miller LLP
  • USA
  • March 19 2015

In a recent decision, In re Black Diamond Mining Company, LLC, the United States Court of Appeals for the Sixth Circuit held that a netting provision

Kentucky bankruptcy court holds that coal mining lease is not an executory contract or unexpired lease and is transferable pursuant to section 363 despite an anti-assignment provision
  • Weil Gotshal & Manges LLP
  • USA
  • July 20 2015

When a contract is called a lease and has some characteristics of a lease, but operates to grant the lessee the exclusive right to mine and remove

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