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Fifth Circuit Vacates FERC Orders, Reaffirming Contract Rejection Powers in Bankruptcy

On July 19, 2022, the U.S. Court of Appeals for the Fifth Circuit added to a stream of recent decisions upholding a debtor's right to "reject" regulated energy contracts in bankruptcy, even over the objection of the Federal...more

Distressed Asset Sales: Bankruptcy and Out-of-Court Options

The COVID-19 pandemic has resulted in an unexpected and unprecedented disruption for many companies.  As a result of the economic slowdown, some affected companies are facing a sudden liquidity crunch that could threaten the...more

Sixth Circuit Affirms Bankruptcy Courts’ Jurisdiction over Rejection of Energy Contracts, Subject to Certain Constraints

On December 12, 2019, a divided panel of the U.S. Court of Appeals for the Sixth Circuit ruled that the bankruptcy court in the bankruptcy proceedings of FirstEnergy Solutions Corp. (FES) has jurisdiction to decide whether...more

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