The ordinary course of business, new value, and contemporaneous exchange for new value defenses are the most frequently used defenses in a preference action. However, there are additional, less common defenses that a...more
Sales under Section 363 of the Bankruptcy Code have become commonplace in bankruptcy cases as a mechanism to liquidate a debtor's assets and maximize value for creditors. Selling the debtor's assets to a third party offers...more
The issue of whether gathering agreements are subject to rejection in bankruptcy as executory contracts and whether certain provisions of those agreements run with the land and survive rejection will impact ongoing bankruptcy...more
7/22/2016
/ Bankruptcy Code ,
Business Judgment Rule ,
Commercial Bankruptcy ,
Covenants that Run With the Land ,
Energy Sector ,
Executory Contracts ,
Midstream Contracts ,
Mineral Exploration ,
Oil & Gas ,
Pipelines ,
Sabine Oil and Gas