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Electricity › Uniform Commercial Code (UCC)

Husch Blackwell LLP

Is Electricity A Good Or A Service Under The Priority Provisions Of 11 U.S.C. § 503(B)(9)

Husch Blackwell LLP on

Section 503(b)(9) of the Bankruptcy Code allows an administrative expense “for the value of any goods received by the debtor within 20 days before the date of the commencement of a case under this title in which the goods...more

Eversheds Sutherland (US) LLP

Eighth Circuit recognizes plain language of wholesale power contracts among electric cooperatives does not permit early...

Eversheds Sutherland (US) LLP on

The US Court of Appeals for the Eighth Circuit has recently confirmed the validity of term provisions in wholesale power contracts between generation and transmission cooperatives and their member distribution cooperatives....more

Nelson Mullins Riley & Scarborough LLP

Does Electricity Supplied Within 20 Days of a Bankruptcy Qualify for Section 503(b)(9) Priority Status? Recent Decisions Say “No”

Nelson Mullins Riley & Scarborough LLP on

Section 503(b)(9) Overview - Ever since its addition to the Bankruptcy Code in 2005, there has been an ongoing debate as to whether electricity is a “good” or a “service” for purposes of section 503(b)(9). If electricity...more

Pillsbury Winthrop Shaw Pittman LLP

Alternating Current Yields Alternating Decisions on Bankruptcy Priority Treatment

Pillsbury Winthrop Shaw Pittman LLP on

Courts remain divided as to whether electricity is a good (resulting in an administrative claim for electricity provided in the 20-day period before a bankruptcy case is filed) or service (no administrative claim). ...more

McDermott Will & Emery

Bankruptcy Courts Fail to Enlighten on Electricity as Goods or Services

McDermott Will & Emery on

Is electricity goods or services? That seemingly simple yet confounding question is illustrated by three recent bankruptcy cases (all of which consider whether an electricity provider is entitled to an administrative expense...more

Davis Wright Tremaine LLP

Montana Bankruptcy Court Confirms Electricity Is a “Good” Under the Bankruptcy Code

Davis Wright Tremaine LLP on

The United States Bankruptcy Court for the District of Montana in connection with In re Southern Montana Electric Generation and Transmission Cooperative, Inc. held that electricity was a “good” for purposes of section...more

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