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

The French Petroplus Law

by Olivia Lê Horovitz, François Lan | K&L Gates LLP on 3/7/2013

The Decree No. 2012-1190 of October 25, 2012 has recently clarified the Law No. 2012-346 of March 12, 2012 on protective measures (mesures conservatoires) applicable to French safeguard, recovery and liquidation proceedings,...more

TRANSACTIONAL: Financial Restructuring: Oil and gas "leases" and farmout agreements in bankruptcy proceedings

by King & Spalding on 2/14/2013

Most people think of an oil and gas mineral “lease” as, so named, a lease. However, this common thinking is not necessarily accurate, both with respect to state and federal law and in particular in the bankruptcy courts in...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

Energy Newsletter - February 2013

by King & Spalding on 2/5/2013

In This Issue: - DISPUTE RESOLUTION: - International Arbitration: EU Member State Defends Measures Adverse to Energy Sector Investments on the basis of EU law - REGULATORY: - Competition Law/Russia: Russia...more

Links to Free Copies of Documents Filed in the Chapter 11 Bankruptcy Cases of Edison Mission Energy and its Affiliates

by Randall Reese on 12/18/2012

Links to Free Copies of Documents Filed in the Chapter 11 Bankruptcy Cases of Edison Mission Energy and its Affiliates Our newest website – www.courtreads.com – offers completely free access to over 150,000 documents filed...more

Perspectives on Real Estate - Fall 2012

by Pillsbury Winthrop Shaw Pittman LLP on 12/2/2012

In This Issue: - Energy Consumption Data Reporting in California – AB 1103 and 531 - Real Estate and Construction Risk Management: Tips to Ensure Your Status as an Additional Insured - Attention: New Foreign Tax...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

Renewable Energy Update -- October 23, 2012

by Allen Matkins Leck Gamble Mallory & Natsis... on 11/2/2012

In This Issue: Renewable Energy Focus - BP off-loads assets as it withdraws from China's solar markets; Solyndra presses for bankruptcy plan OK over US objection; Fracking boom boosts water treatment business;...more

BigLaw's Banker: I've Got a "Robust" List of Firms That May Fail [Video]

by Bloomberg Law on 10/26/2012

Oct. 26 (Bloomberg Law) -- Dan DiPietro, chairman of The Law Firm Group at Citi Private Bank, says he has a "somewhat robust" watch list of law firms that may fail in the coming months. "In this kind of economic...more

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

by Cadwalader - Financial Restructuring on 9/25/2012

On August 2, 2012, the United States Court of Appeals for the Fifth Circuit held that a requirements contract for the supply of electricity constituted a “forward contract” under the Bankruptcy Code and, therefore, was exempt...more

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

by Skadden, Arps, Slate, Meagher & Flom LLP on 9/4/2012

In its recent decision in Lightfoot v. MXEnergy Electric, Inc. (In re MBS Mgmt. Serv., Inc.), No. 11-30553, 2012 U.S. App. LEXIS 15995 (5th Cir. Aug. 2, 2012), the United States Court of Appeals for the Fifth Circuit ruled...more

The DC Circuit Court Vacates Cross-State Air Pollution Rule

by Cadwalader - Financial Restructuring on 8/23/2012

On August 21, 2012, the D.C. Circuit Court overturned the E.P.A.’s proposed Cross-State Air Pollution Rule. The ruling could impact many distressed power plants, particularly coal-fired plants, by reducing environmental...more

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

by Orrick, Herrington & Sutcliffe LLP on 8/20/2012

On August 2, 2012, the United States Court of Appeals for the Fifth Circuit issued a decision in the bankruptcy case for MBS Management Services, Inc. (the “Debtor”). The Fifth Circuit affirmed the district court’s opinion...more

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

by Jackson Walker on 8/16/2012

In the case of In re MBS Management Services, Inc., the United States Bankruptcy Court for the Eastern District of Louisiana (the "Bankruptcy Court") analyzed whether payments made by MBS Management Services, Inc. ("MBS") to...more

Dodd-Frank Living Wills: What You Need to Know Now

by Sarah Brown on 8/1/2012

Financial institutions should undertake Dodd-Frank living will preparation with care....more

New Chapter 11 Case Alert: Valence Technology, Inc. $VLNC

by Randall Reese on 7/13/2012

In re Valence Technology, Inc. United States Bankruptcy Court, Western District of Texas Summary Valence Technology, Inc., a developer and manufacturer of proprietary phosphate-based lithium ion batteries, voluntarily...more

New Chapter 11 Bankruptcy Case Alert: In re Patriot Coal Corporation

by Randall Reese on 7/9/2012

Earlier today, Patriot Coal Corporation (NYSE: PCX), a producer and marketer of coal products in the eastern United States, and substantially all of its wholly owned subsidiaries filed voluntary petitions for reorganization...more

Renewable Energy Update -- June 26, 2012

by Allen Matkins Leck Gamble Mallory & Natsis... on 6/27/2012

In This Issue: Renewable Energy Focus - Solyndra close to filing bankruptcy plan; Controversial clean power line is finally live; Iberdrola cutting down its U.S. business; U.S. Barring Efforts to Circumvent Duties on...more

Download the June 14 Distressed Energy Investments Program Materials

by Cadwalader, Wickersham & Taft LLP on 6/25/2012

On June 14, Cadwalader hosted a discussion on the ever-changing business landscape for energy companies created by recent market changes, FERC regulations and the Dodd-Frank Act. Keynote speaker, The Honorable Donna L....more

Insurance Policyholder Observer - June 2012

by Orrick, Herrington & Sutcliffe LLP on 6/18/2012

In This Issue: - The Settlement Dilemma: When a Policyholder and Insurer Disagree on Settlement - Orrick Lawyers Gain Key Trial Victory for CITGO Petroleum on Rights to Coverage - Virginia Supreme Court...more

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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...

The French Petroplus Law

TRANSACTIONAL: Financial Restructuring: Oil and gas "leases" and farmout agreements in bankruptcy proceedings

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

Energy Newsletter - February 2013

Links to Free Copies of Documents Filed in the Chapter 11 Bankruptcy Cases of Edison Mission Energy and its Affiliates

Perspectives on Real Estate - Fall 2012

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

Renewable Energy Update -- October 23, 2012

BigLaw's Banker: I've Got a "Robust" List of Firms That May Fail [Video]

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"

The DC Circuit Court Vacates Cross-State Air Pollution Rule

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?

Dodd-Frank Living Wills: What You Need to Know Now

New Chapter 11 Case Alert: Valence Technology, Inc. $VLNC

New Chapter 11 Bankruptcy Case Alert: In re Patriot Coal Corporation

Renewable Energy Update -- June 26, 2012

Download the June 14 Distressed Energy Investments Program Materials

Insurance Policyholder Observer - June 2012

BigLaw's Banker: I've Got a "Robust" List of Firms That May Fail [Video]

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