Commercial Law & Contracts, Energy & Utilities Law, Bankruptcy

TRANSACTIONAL: Bankruptcy: Contractor Insolvency Issues in Large Project Transactions

by King & Spalding on 4/19/2013

An issue that is often overlooked, but should be considered in the context of large project transactions, is the potential insolvency of contractors and subcontractors. A bankruptcy proceeding involving a key contractor can...more

Energy Newsletter - April 2013

by King & Spalding on 4/15/2013

In This Issue: - TRANSACTIONAL: - Project Development/FinanceKey Considerations in Energy Take-or-Pay Contracts - Upstream - Russia and former republics Unconventional Russia - Bankruptcy:...more

Solar Project Performance May Be Threatened By Satcon Bankruptcy - Semi-Annual Audits Should be Conducted to Ensure Project...

by Sophie Akins | Best Best & Krieger LLP on 4/11/2013

If your solar project uses Satcon-brand inverters to convert the direct current generated by your solar panels into alternating current, you may have recently received notice from Satcon or your installation contractor that...more

In Addition To Natural Gas Providers And Water Providers, Bankruptcy Courts Are Now Allowing Electricity Providers To Claim...

by Elizabeth Aboulafia, Gregory G. Nickson | Cullen and Dykman LLP on 3/21/2013

Recent case law may allow electricity providers to benefit from a payment priority for the value of electricity provided to a bankrupt debtor during the twenty (20) days preceding the date of the debtor’s bankruptcy filing...more

Bankruptcy Courts Allow Electricity Providers To Claim Administrative Expense Status For Electricity Provided During The Twenty...

by Elizabeth Aboulafia, Gregory G. Nickson | Cullen and Dykman LLP on 3/19/2013

Recent case law may allow electricity providers to benefit from a payment priority for the value of electricity provided to a bankrupt debtor during the twenty (20) days preceding the date of the debtor’s bankruptcy filing...more

Shedding Light on Whether Electricity is a "Good:" In re Southern Montana Electric Generation and Transmission Cooperative, Inc.

by Jennifer Wertz | Jackson Walker on 2/12/2013

The question of whether electricity qualifies as a "good" under the Bankruptcy Code's administrative priority provisions has sparked varied rulings from bankruptcy courts. The recent case of In re Southern Montana Electric...more

Fifth Circuit Finds that an Electricity Requirements Contract Is a “Forward Contract” Exempt from Bankruptcy Code’s Avoidance...

by Cadwalader - Financial Restructuring on 11/5/2012

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,...more

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Commercial Law & Contracts › Energy & Utilities Law › Bankruptcy

TRANSACTIONAL: Bankruptcy: Contractor Insolvency Issues in Large Project Transactions

Energy Newsletter - April 2013

Solar Project Performance May Be Threatened By Satcon Bankruptcy - Semi-Annual Audits Should be Conducted to Ensure Project...

In Addition To Natural Gas Providers And Water Providers, Bankruptcy Courts Are Now Allowing Electricity Providers To Claim...

Bankruptcy Courts Allow Electricity Providers To Claim Administrative Expense Status For Electricity Provided During The Twenty...

Shedding Light on Whether Electricity is a "Good:" In re Southern Montana Electric Generation and Transmission Cooperative, Inc.

Fifth Circuit Finds that an Electricity Requirements Contract Is a “Forward Contract” Exempt from Bankruptcy Code’s Avoidance...

Fifth Circuit Holds that Fixed Quantities are Not Required to Satisfy the “Forward Contracts” Safe Harbor Defense

"Fifth Circuit Holds That Electricity Agreements Are Shielded From Avoidance Powers Under Bankruptcy Safe Harbor"

Fifth Circuit Holds that Supply Agreement is a “Forward Contract” for Bankruptcy Avoidance Protection

MBS Management Services, Inc. Revisited (Again): Do Retail Electricity Agreements Constitute Forward Contracts?

Insurance Policyholder Observer - June 2012

Bankruptcy Court Rejects Triangular Setoff Rights in ISDA Agreement

Inside M&A - July/August 2011

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