In Gulfport Energy Corp. v. FERC, 41 F.4th 667 (5th Cir. 2022), the U.S. Court of Appeals for the Fifth Circuit tripled down on its nearly two-decades-long view that filed-rate contracts regulated under the National Gas Act...more
In a leading precedent handed down in 2018—Sabine Oil & Gas Corp. v. Nordheim Eagle Ford Gathering, LLC (In re Sabine Oil & Gas Corp.), 734 Fed. Appx. 64 (2d Cir. May 25, 2018)—the U.S. Court of Appeals for the Second Circuit...more
On June 22, 2020, the Federal Energy Regulatory Commission ("FERC") issued an order concluding that FERC and the U.S. bankruptcy courts have concurrent jurisdiction to review and address the disposition of natural gas...more
10/20/2020
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Exclusive Jurisdiction ,
Executory Contracts ,
FERC ,
Filed-Rate Doctrine ,
PG&E ,
Power Purchase Agreements ,
Section 365
In This Issue:
Washington District Court Overturns Approval of Third-Party Releases in a Settlement Agreement and Related Free-and-Clear Sale -
In In re Fraser’s Boiler Serv., Inc., 2019 WL 1099713 (D. Wash. Mar. 18,...more
8/21/2019
/ Bankruptcy Code ,
Bankruptcy Court ,
Bankruptcy Discharge Order ,
Chapter 11 ,
Chapter 15 ,
Commercial Bankruptcy ,
Debt Collection ,
FERC ,
Foreign Debt ,
PG&E ,
Settlement Agreements ,
Taggart v Lorenzen
The recent chapter 11 filings by PG&E Corp. and its Pacific Gas & Electric Co. utility subsidiary (collectively, "PG&E") and FirstEnergy Solutions Corp. have reignited the debate over the power of a U.S. bankruptcy court to...more
8/21/2019
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Debtors-in-Possession ,
Energy Contracts ,
Federal Power Act ,
FERC ,
Filed-Rate Doctrine ,
Mission Product Holdings Inc v Tempnology LLC ,
PG&E ,
Popular ,
Power Purchase Agreements ,
Section 365