On December 12, 2019, the US Court of Appeals for the Sixth Circuit issued a highly anticipated ruling in theFirstEnergy Solutions Corp. bankruptcy case, regarding the efforts of FirstEnergy Solutions Corp. (FirstEnergy or FES) to reject certain wholesale power purchase contracts.
USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Eversheds Sutherland (US) LLP, FERC, Sixth Circuit
Opinion Serves to Remind Lenders That “Bankruptcy Remote” Does Not Mean “Bankruptcy Proof”
Judge Allan L. Gropper of the Bankruptcy Court for the Southern District of New York issued a much-anticipated order on August 11, 2009, in the challenge to the bankruptcy filings by certain special-purpose-entity (“SPE”) affiliates of General Growth Properties, Inc. (“GGP”).
USA, New York, Insolvency & Restructuring, Litigation, Eversheds Sutherland (US) LLP, Bankruptcy, Shareholder, Surety, Debtor, Fiduciary, Debt, Bad faith, Refinancing, Default (finance), Commercial mortgage-backed security, Secured loan, Consolidation (business), MetLife, Title 11 of the US Code, United States bankruptcy court