Earlier this year, we covered Judge Shelley Chapman’s ruling in the Sabine bankruptcy, permitting the Debtors to reject a handful of gathering and other midstream agreements. Previously, Judge Chapman permitted rejection on the grounds that the Debtors exercised their reasonable business judgement in doing so.
USA, Insolvency & Restructuring, Litigation, Real Estate, Orrick, Herrington & Sutcliffe LLP, Bankruptcy, Covenant (law)
The U.S. Court of Appeals for the Third Circuit ruled on May 1, 2012 that a provision of the U.S. Bankruptcy Code allowing the assignment of insurance policies as part of a bankruptcy reorganization overrides the anti-assignment clause of an insurance policy. In re: Federal-Mogul Global Inc., No.
USA, Insolvency & Restructuring, Insurance, Litigation, Orrick, Herrington & Sutcliffe LLP, Third Circuit