Bankruptcy Law News and Insights

FERC Clarifies Its Concurrent Jurisdiction With Regard To Bankruptcy Filings That Seek To Reject Power Purchase Agreements

Published: Feb 01, 2019
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On January 25, 2019, the US Federal Energy Regulatory Commission ("FERC" or "Commission") issued an order clarifying its position with regard to bankruptcy filings that seek to reject Commission-jurisdictional wholesale power purchase agreements. In response to a petition for a declaratory order and complaint filed by NextEra Energy, Inc. and...

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Is Arbitration In Bankruptcy Cases A Viable ADR Option?

Published: Jan 16, 2019
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Bankruptcy practitioners are generally familiar with the significant growth that has been happening in the use of mediation as a means of resolving disputes within bankruptcy cases. In contrast, another dispute-resolution tool frequently used outside of bankruptcy — arbitration — is not often utilized in bankruptcy cases. There might be...

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District Court Affirms Momentive Ruling On Intercreditor Dispute

Published: Dec 21, 2018
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In a recent decision in the high-profile Momentive bankruptcy cases, the United States District Court for the Southern District of New York upheld the Bankruptcy Court's dismissal of an intercreditor action brought by senior debt holders against junior debt holders arising from the implementation of Momentive's chapter 11 plan of...

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