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Western Texas Judge: Land Covenants Not Immune from Rejection

Judge Parker of the U.S. Bankruptcy Court for the Western District of Texas recently issued an order in the case of Hilltop SPV, LLC, granting debtor Hilltop SPV LLC’s (“Hilltop”) motion to reject a Gas Gathering Agreement (“GGA”) with counter-party Monarch Midstream, LLC (“Monarch”).[1] This decision allows Hilltop to reject the GGA while allowing Monarch to retain the covenants that run with the land post-rejection.

USA, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, United States bankruptcy court, US District Court for Southern District of Texas
Cram-across: Sino-Ocean Restructuring Plan Makes Waves

Cram-across: Sino-Ocean Restructuring Plan Makes Waves

The evolution of the English RP continues to push the jurisdictional envelope.

Hong Kong, Insolvency & Restructuring, Latham & Watkins LLP
Supreme Court Ends Third-Party Releases in Bankruptcy

Harrington v. Purdue Pharma L.P., 144 S. Ct. 2017 (June 27, 2024)

USA, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Chapter 11, US Bankruptcy Code, Supreme Court of the United States, Pharmaceuticals, Pharmaceuticals & chemicals
Arbitration or Winding-Up? Privy Council Decision in Sian Participation Corp v. Halimeda Overrules Traditional English Approach

The decision confirms that an arbitration agreement will be upheld in the face of insolvency proceedings only if it can be shown that the petition debt is genuinely disputed on substantial grounds.

United Kingdom, England & Wales, Arbitration & ADR, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Liquidation, Winding-up