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    Arch coal successfully emerges from bankruptcy
    2016-10-11

    Arch Coal has announced that it has successfully completed financial restructuring and has emerged from bankruptcy. Shares of the reorganized company began trading last week on the NYSE under the ticker ARCH, according to the Wall Street Journal.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Fox Rothschild LLP, Share (finance), Bankruptcy, Debt, Coal, Subsidiary, Coal mining, New York Stock Exchange, The Wall Street Journal, American City Business Journals, Paris Agreement
    Authors:
    Melissa J. Lyon
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Events of Default clauses - practical issues to consider
    2016-07-18

    Most trading contracts contain specific terms setting out the consequences of a counterparty insolvency or other default. This article explores whether, and in what circumstances, it may be sensible to invoke rights under such clauses or whether it can be better to adopt a more “wait and see” attitude. We also look at drafting options prior to finalising contract terms.

    When considering how to respond to a counterparty event of default (EOD), relevant considerations will include potential consequences:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Shipping & Transport, HFW, Brexit, Renewable energy, Commodity, Coal, Default (finance), Electricity generation
    Authors:
    Sarah Taylor
    Location:
    United Kingdom
    Firm:
    HFW
    Energy producer, AES Thames LLC, files for bankruptcy in Delaware
    2011-02-06

    On February 1, 2011, AES Thames, LLC ("AES" or "Debtor") filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to the Declaration of AES's President in Support of First Day Motions (the "Declaration"), AES owns and operates a coal-fired power plant in Montville, Connecticut.

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Debtor, Injunction, Renewable energy, Coal, Electricity, Electricity generation, Subsidiary, Parent company, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Venue created by subsidiary incorporation ‘bootstraps’ venue selection
    2013-06-12

    In re Patriot Coal Corporation, et al., 492 B.R. 718 (2012)

    CASE SNAPSHOT

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Coal, Subsidiary, United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    Coal bankruptcies: complications and risks associated with federal coal legislation
    2012-08-29

    Introduction

    Filed under:
    USA, Employee Benefits & Pensions, Energy & Natural Resources, Insolvency & Restructuring, Latham & Watkins LLP, Bankruptcy, Coal, US Code
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Smack-down of a straitjacket
    2011-10-13

    Postconfirmation liquidation and litigation trusts have become an important mechanism in a chapter 11 bankruptcy estate’s arsenal, allowing for the resolution of claims and interests without needlessly delaying confirmation in the interim. The specter of postconfirmation litigation may seem unremarkable. Section 1123(b)(3)(B) of the Bankruptcy Code states that a plan may provide for retention or enforcement by the reorganized debtor, the trustee, or a representative of the estate of any claim or interest belonging to the estate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Federal Reporter, Coal, Standing (law), Liquidation, Bright-line rule, MFG.com, Trustee, United States bankruptcy court, Fifth Circuit, Seventh Circuit, US District Court for Northern District of Texas, US District Court for Southern District of Texas
    Location:
    USA
    Firm:
    Jones Day
    MSHA Requests More Money and Authority as the Coal Industry Struggles
    2016-04-14

    Coal is down. That’s not news to anyone who pays the even the slightest attention to the industry. Peabody Energy Corp., the largest U.S. coal mining company, just filed for Chapter 11 bankruptcy protection, following the path taken by Arch Coal, Inc., Alpha Natural Resources, Inc., Patriot Coal Corp.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Jackson Lewis PC, Coal, Mine Safety and Health Administration
    Authors:
    Brian Hendrix
    Location:
    USA
    Firm:
    Jackson Lewis PC
    Facing a growing number of bankruptcies, the coal industry becomes potential target for alternative investment funds
    2015-07-01

    Once a giant of the U.S. economy, the coal industry  now faces uncertain times due to lower global demand, a boom in domestic natural gas production, over- levered capital structures and stringent environmental regulations. This depressed environment has attracted the attention of certain distressed investors and alternative investment funds looking to capitalize from an eventual upswing in the coal industry.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Kramer Levin Naftalis & Frankel LLP, Coal
    Authors:
    Thomas Moers Mayer , Douglas Mannal
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Fourth Circuit sifts circumstances to deny a creditor any claim against a debtor where creditor received partial payment from a guarantor
    2007-10-04

    In National Energy & Gas Transmission, Inc. v. Liberty Electric Power, LLC (In re National Energy & Gas Transmission, Inc.),1 the Fourth Circuit held that, where an unsecured creditor receives payment from a non-debtor guarantor in partial satisfaction of a claim against the debtor, for purposes of the creditor's claim against the debtor, the creditor may not choose to allocate such payment to post-petition interest.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Costs in English law, Surety, Debtor, Natural gas, Interest, Debt, Coal, Electricity, Electricity generation, Unsecured creditor, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    White & Case
    Q & A with Frost Brown Todd's Ronald Gold and Doug Lutz
    2007-10-09

    The hurdles for KERP programs have been raised too high, causing debtors to lose critical personnel to the detriment of post-petition operations, say Frost Brown Todd’s Ronald Gold and Doug Lutz in our series of chats with high-profile bankruptcy lawyers.

    Q. What’s the most challenging bankruptcy you’ve worked on, and why?

    Filed under:
    USA, Insolvency & Restructuring, Fried Frank Harris Shriver & Jacobson LLP, Bond market, Bankruptcy, Debtor, Trade union, Mortgage loan, Coal, Economy, Subsidiary, Secured loan, United States bankruptcy court
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP

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