News & Analysis as of

Coal Industry Commercial Bankruptcy

Dechert LLP

Coal Act Premiums are Nondischargeable Taxes rather than Dischargeable Claims

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Dischargeable Claims - In a recent ruling, the District Court for the Middle District of Florida affirmed a bankruptcy court’s ruling that the premiums arising under the Coal Industry Retiree Health Benefit Act of 1992...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 29, July 2020

ExxonMobil, Partners Discover Carbon Capture Technology for Industrial Sources - "A possible breakthrough in technology that could capture more than 90% of carbon dioxide emitted from industrial sources has been announced...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 25, July 2020

Top Court Seeks Trump Administration Input on PennEast Pipeline - "The U.S. Supreme Court asked the Trump administration for input on a PennEast Pipeline Co. appeal that aims to jump-start a planned natural-gas line by...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2020 #4

Industry Expert Insights - We reached out to one of our Lex Mundi partners and a well-known expert in Poland in the energy and legal industries to get his thoughts on the current energy climate. Radoslaw Wasiak is a...more

Dechert LLP

Fresh Air and Fresh Start: Are Environmental Regulatory Penalties Dischargeable?

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Two courts recently answered “yes,” finding that environmental claims brought against reorganized debtors by government entities were discharged under confirmed Chapter 11 plans of reorganization. In In re Exide Techs., 613...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: April 2020 #3

U.S. Banks Prepare to Seize Energy Assets as Shale Boom Goes Bust - "Major U.S. lenders are preparing to become operators of oil and gas fields across the country for the first time in a generation to avoid losses on loans...more

Robins Kaplan LLP

Financial Daily Dose 1.14.2020 | Top Story: Amazon Hit with Antitrust Case by India’s Government

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BlackRock Inc. will sell out of all companies “that get more than 25% of sales from thermal coal.” This threshold, however, won’t affect larger, diversified miners—which includes some of the biggest coal shippers....more

Robins Kaplan LLP

Financial Daily Dose 12.19.2019 | Top Story: Uber Settles With EEOC Over “Culture of Sexual Harassment” Allegations

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Ride-hailing company Uber has resolved EEOC charges related to its alleged “culture of sexual harassment” and will “start a $4.4 million class fund to compensate victims of sexual harassment or retaliation from as early as...more

Tucker Arensberg, P.C.

Murray Energy Joins a Long Line of Coal Companies to Chapter 11 Bankruptcy

Tucker Arensberg, P.C. on

Murray Energy, the largest privately held coal company in the United States, filed a Chapter 11 bankruptcy case in the United States Bankruptcy Court for the Southern District of Ohio on October 29.  Murray stated that it...more

Robins Kaplan LLP

Financial Daily Dose 10.30.2019 | Top Story: Fiat Chrysler and Peugeot in Merger Talks

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Fiat Chrysler and France’s Peugeot are in the midst of merger talks that, if finalized, could “create a nearly $50 billion trans-Atlantic auto giant.” One option being bandied about in the “fluid” talks is an “all-share...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2019 #3

FERC Proposes to Modernize PURPA Regulations - "The Federal Energy Regulatory Commission proposed to modernize its regulations governing small power producers and cogenerators under the Public Utility Regulatory Policies...more

Cadwalader, Wickersham & Taft LLP

The Same, Only Better: Eighth Circuit Affirms Peabody Chapter 11 Plan Backstopped Rights Offering Despite Alleged Disparate...

On August 9, 2019, in a unanimous decision (written by a former bankruptcy judge), the Eighth Circuit Court of Appeals affirmed the confirmation of the Peabody Energy Chapter 11 plan (“Plan”) with a prominent backstopped...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - March 2019

U.S. Senate Committee to Discuss Climate Change, Electricity Changes - "U.S. Sen. Joe Manchin, D-W.Va., said the hearing of the Senate Committee on Energy and Natural Resources is aimed at putting lawmakers and federal...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - February 2019 #3

NY Natural Gas Moratorium Due to Lack of Pipelines, but Some in Denial - "The slowing of economic development resulting from New York's political actions is a testament to what happens when energy becomes politicized." ...more

K&L Gates LLP

Distressed Solutions: Energy Bankruptcies and the Intersection of Contract Rejection and FERC

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We have seen an increase in energy companies filing for bankruptcy, and more may be on the horizon. This is a great time to review and discuss an interesting ruling in the FirstEnergy case regarding the intersection of...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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The US government is officially greenlighting fintech, with both the OCC and the Treasury Department issuing statements yesterday in support of the “emerging corner of the financial sector.” For the OCC, that means welcoming...more

Latham & Watkins LLP

FAQ: Recent Developments in US Law Affecting Pension and OPEB Claims in Restructurings (2017)

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From theory to practice, planning to enforcement, the answers to 42 of the most frequently asked questions can help you prepare, cope or respond to a restructuring. This Client Alert answers some of the most frequently asked...more

Snell & Wilmer

Is Coal Down For The Count

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Last week Peabody Energy announced that it filed bankruptcy. Peabody is the nation’s largest coal company. The filing by Peabody comes on the heels of the January 2016 bankruptcy filing by Arch Coal, the nation’s second...more

Sands Anderson PC

Sands Anderson Report on First Day Hearing in Bankruptcy Filings of Alpha Natural Resources

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Lawyers from the bankruptcy team of Sands Anderson attended “first day” hearings in the Chapter 11 bankruptcy case of Alpha Natural Resources, Inc. (“Alpha”) and its 149 related companies held on August 4, 2015 in the United...more

Troutman Pepper

Environmental Liability: Relief Through Bankruptcy Or Not?

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In re Appalachian Fuel, LLC, 521 B.R. 779 (Bankr. E.D. Ky. 2014) – A state department of environmental protection (DEP) filed an administrative expense application in the bankruptcy cases of coal mining debtors for...more

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