On August 2, 2012, in the case ofIn re MBS Management Services, Inc.,1 the Court of Appeals for the Fifth Circuit ruled that a retail electricity agreement with a real estate management company constituted a forward contract protected by the “safe harbor” provisions of the U.S. Bankruptcy Code (“Bankruptcy Code”).
USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Real Estate, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Safe harbor (law), Fifth Circuit