Bankruptcy and appellate courts disagree over the standard that should apply to a request for payment of a break-up fee or expense reimbursement to the losing bidder in a sale of the debtor’s assets outside the ordinary...more
Bankruptcy and appellate courts disagree over the standard that should apply to a request for payment of a break-up fee or expense reimbursement to the losing bidder in a sale of the debtor's assets outside the ordinary...more
FIFTH CIRCUIT WEIGHS IN ON BANKRUPTCY ASSET SALES FREE AND CLEAR OF LEASEHOLD INTERESTS -
The ability of a trustee or chapter 11 debtor-in-possession (“DIP”) to sell bankruptcy estate assets “free and clear” of competing...more
In a leading precedent handed down in 2018—Sabine Oil & Gas Corp. v. Nordheim Eagle Ford Gathering, LLC (In re Sabine Oil & Gas Corp.), 734 Fed. Appx. 64 (2d Cir. May 25, 2018)—the U.S. Court of Appeals for the Second Circuit...more
3/4/2020
/ Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Contract Terms ,
Covenants that Run With the Land ,
Debtors-in-Possession ,
Energy Sector ,
Executory Contracts ,
Gathering Agreements ,
Midstream Contracts ,
Mineral Exploration ,
Oil & Gas ,
Privity of Contract ,
Sabine Oil and Gas ,
Section 365
The recent chapter 11 filings by PG&E Corp. and its Pacific Gas & Electric Co. utility subsidiary (collectively, "PG&E") and FirstEnergy Solutions Corp. have reignited the debate over the power of a U.S. bankruptcy court to...more
8/21/2019
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Debtors-in-Possession ,
Energy Contracts ,
Federal Power Act ,
FERC ,
Filed-Rate Doctrine ,
Mission Product Holdings Inc v Tempnology LLC ,
PG&E ,
Popular ,
Power Purchase Agreements ,
Section 365