2012 year in review – part 1

March 9, 2012: Publication of Dynegy Examiner’s Report

Filed under:
USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Fiduciary, Debt, United States bankruptcy court, Eleventh Circuit, US District Court for SDNY
Authors:
Peter M. Friedman , Joseph Zujkowski
Location:
USA
Firm:
Cadwalader Wickersham & Taft LLP
Fifth Circuit finds that an electricity requirements contract is a “forward contract” exempt from Bankruptcy Code’s avoidance powers

On August 2, 2012, the United States Court of Appeals for the Fifth Circuit held that a requirements contract for electricity is a forward contract for purposes of section 546(e) of the Bankruptcy Code and, therefore, settlement payments made under the contract are exempt from avoidance as preferences. Claude Lightfoot v.

Filed under:
USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, United States bankruptcy court, Fifth Circuit
Authors:
Audrey Aden Doline , Peter M. Friedman
Location:
USA
Firm:
Cadwalader Wickersham & Taft LLP