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Debtors Energy Sector

Newburn Law

The Death of the Acreage Dedication?

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Acreage dedications in midstream oil and gas contracts have been subject to considerable scrutiny and legal debate in recent years. This article provides an overview of the current state of acreage dedications, examining key...more

Foley & Lardner LLP

Trademark Law and Bankruptcy Considerations for Emerging Companies in the Renewable Energy Sector

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As the renewable energy sector continues to experience significant growth and attract emerging companies, it becomes essential for entrepreneurs and business owners to understand the legal landscape surrounding trademarks and...more

Bracewell LLP

Fifth Circuit Rules Just Energy Bankruptcy Court Erred in Exercising Jurisdiction to Redetermine ERCOT Pricing During Winter Storm...

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In a January 5, 2023 opinion from the United States Court of Appeals for the Fifth Circuit, the panel held the Just Energy bankruptcy court erred in exercising jurisdiction over the debtor’s suit to recover Winter Storm Uri...more

Opportune LLP

Bracing For Change: A Look Ahead To 2021

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What will the oil and gas landscape look like in 2021? Managing Director Gary Pittman discusses bankruptcy and restructuring trends and what we can expect heading into the new year....more

Balch & Bingham LLP

[Webinar] Predicting the Unpredictable: Forecasting Growth and Consolidation in Energy/Oil & Gas - December 8th, 12:00 pm - 1:00...

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Are you positioning your business for growth or consolidation opportunities in 2021? Join Balch & Bingham’s Houston lawyers to hear their perspectives on how to plan now to achieve next year’s goals and maximize potential...more

Farella Braun + Martel LLP

[Webinar] Unplugged Renewable Energy Series - PG&E Bankruptcy: Lessons Learned and a Path Forward - August 4th, 5:00 pm - 7:00 pm...

The California power giant, PG&E, has emerged from the country’s largest utility bankruptcy proceeding as a dramatically different company. Not only has PG&E exited Chapter 11, it has completed a restructuring that will have...more

Bricker Graydon LLP

[Webinar] Turning Debt into Cash – Refinancing with PACE - April 13th, 1:00 pm - 2:00 pm EST

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Join Bricker & Eckler, Columbus-Franklin County Finance Authority, Lean & Green Michigan and the Sustainable Energy Fund for a webinar on refinancing commercial projects using Property Assessed Clean Energy (PACE) financing. ...more

Dechert LLP

Jurisdiction Over Rejection of Power Purchase Agreements—Confusion Continues

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Periods of volatility in energy prices cause spikes in energy companies’ bankruptcies. These bankruptcies lead to debtors’ attempts to reject power purchase agreements (“PPAs”). These attempts ignite the unresolved legal...more

Jackson Walker

Major Decision in Energy-Related Bankruptcies: Colorado Court in Monarch Midstream Case Departs from Sabine Oil and Finds...

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A Colorado bankruptcy court has departed from the widely reported holding in Sabine Oil that permitted a debtor to reject a certain midstream gathering agreement. On September 30, 2019, the United States Bankruptcy Court for...more

Cadwalader, Wickersham & Taft LLP

The Same, Only Better: Eighth Circuit Affirms Peabody Chapter 11 Plan Backstopped Rights Offering Despite Alleged Disparate...

On August 9, 2019, in a unanimous decision (written by a former bankruptcy judge), the Eighth Circuit Court of Appeals affirmed the confirmation of the Peabody Energy Chapter 11 plan (“Plan”) with a prominent backstopped...more

Morgan Lewis

FERC Requires a Business to Pay Off a Related Business’s Debts Before Entering RTO Market

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When a business entity that is regulated by the Federal Energy Regulatory Commission (FERC) is closely related to another business entity, FERC takes the position that under some circumstances it may treat the two different...more

Blank Rome LLP

In PG&E Bankruptcy, FERC Reasserts Concurrent Jurisdiction over the Disposition of Wholesale Power Contracts

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With the May 1 order, the Commission reaffirms its view that it has concurrent jurisdiction over debtors’ efforts to reject their FERC-jurisdictional contracts in bankruptcy. Further developments in judicial proceedings in...more

Holland & Knight LLP

FERC Asserts Its Authority to Review Rejection of Wholesale Power Agreements Days Before PG&E Files Bankruptcy

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On Jan. 25, 2019 – just days before Pacific Gas and Electric (PG&E) proposes to file its bankruptcy case – the Federal Energy Regulatory Commission (FERC) issued an order asserting its concurrent authority to approve proposed...more

K&L Gates LLP

Distressed Solutions: Energy Bankruptcies and the Intersection of Contract Rejection and FERC

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We have seen an increase in energy companies filing for bankruptcy, and more may be on the horizon. This is a great time to review and discuss an interesting ruling in the FirstEnergy case regarding the intersection of...more

Sheppard Mullin Richter & Hampton LLP

Third Circuit Upholds The Enforceability Of Make-Whole Premiums In Post-Bankruptcy Context

In a recent November 17, 2016 opinion, Delaware Trust Co. v. Energy Future Intermediate Holding Company LLC, Case No. 16-1351, the Third Circuit Court of Appeals reversed two lower court opinions by holding that make-whole...more

Morrison & Foerster LLP

Unsecured Creditor Perspectives in Energy Restructurings

This Practice Note provides guidance and advice to unsecured creditors in energy restructurings. This Note specifically addresses restructurings in the oil, gas, and coal industries and the strategies that unsecured creditors...more

Kelley Drye & Warren LLP

Energy Future Holdings Chapter 11 Case – The Largest Game Ever of Texas Hold’em?

The chapter 11 case of Energy Future Holdings (“EFH” or “Debtors”) roared back to life this month. Certain key conditions for the plan of reorganization approved last December (the “First Plan”) to become effective were not...more

McGuireWoods LLP

R&I Update: Hot Topics in Oil and Gas Restructurings, Volume 3: Yes, Gathering Agreements Can Be Rejected as Executory Contracts...

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Reuters recently reported that “the rout in crude prices is snowballing into one of the biggest avalanches in the history of corporate America, with 59 oil and gas companies now bankrupt[.]” In March, we described how surging...more

McGuireWoods LLP

R&I Update: Hot Topics in Oil and Gas Restructurings, Volume 2 Can Gathering Agreements Be Rejected as Executory Contracts?

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“The carnage is going to be terrible,” cried a recent Dallas Morning News headline. “It’s a hellacious problem,” lamented another article. It’s no secret the energy sector has come upon hard times. Oil prices are down 70...more

Gray Reed

Can the E&P Debtor Reject Gas Gathering Agreements in Bankruptcy?

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What’s a sure way to destroy untold millions of dollars of energy infrastructure value built in reliance on the promise of reimbursement for huge capital investments necessary to move a producer’s product to market for the...more

Kelley Drye & Warren LLP

Energy Future Holdings – Another Major Success for Chapter 11 Mediation?

Mediation has become an invaluable tool in large chapter 11 cases. Traditionally viewed as a means for resolving discrete disputes between a debtor’s estate and an adversary party, in recent years mediation in certain complex...more

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