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    The “hardship fund” in CCAA proceedings
    2009-04-29

    In Re EarthFirst Canada Inc., Justice Romaine had to consider establishing a “hardship fund” that would be used to allow EarthFirst Canada Inc. (“EarthFirst”) to pay pre-filing obligations owing to certain suppliers and contractors operating in a remote community where EarthFirst is developing a wind farm project.

    Filed under:
    Canada, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, General contractor, Renewable energy, Option (finance), Debt, Supply chain, Precondition
    Authors:
    David LeGeyt , David W. Mann
    Location:
    Canada
    Firm:
    Dentons
    National gas distributors case broadens swap safe harbor, or does it?
    2009-03-13

    On Feb. 11, 2009, the United States Court of Appeals for the Fourth Circuit issued its opinion in Hutson v. E.I. Dupont de Nemours and Co. (In re National Gas Distributors), attempting, in a matter of first impression, to define "commodity forward agreement" for purposes of eligibility for protection under the safe harbor provisions of the Bankruptcy Code. At first blush, this decision appears to provide the additional certainty that participants in the commodities markets require.

    Filed under:
    USA, Derivatives, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Fraud, Natural gas, Safe harbor (law), Swap (finance), Commodity, Remand (court procedure), Commodity market, Prima facie, US Code, United States bankruptcy court, Fourth Circuit
    Authors:
    Hugh M. McDonald
    Location:
    USA
    Firm:
    Dentons
    Insolvency and energy insights: The Redwater decision
    2016-05-20

    Introduction

    The Alberta Court of Queen’s Bench decision in Redwater Energy Corporation Re, 2016 ABQB 278, written by Chief Justice Neil Wittmann, clarifies that the provisions of the Bankruptcy and Insolvency Act (BIA) addressing the environmental liability of trustees render certain provisions of provincial regulatory legislation addressing wells and pipelines inoperative to the extent they conflict with the BIA.

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy and Insolvency Act 1985 (Canada), Alberta Energy Regulator
    Location:
    Canada
    Firm:
    Dentons
    Testing times for the "Supplier of Last Resort" regime as UK gas prices continue to rise
    2021-09-21

    Kwasi Kwarteng, UK Business and Energy Secretary is reported to have said on 20 September that “My task is to ensure that any energy supplier failures cause the least amount of disruption to consumers”.

    Wholesale day-ahead gas prices in the UK are reported to have jumped some 9% on 20 September alone. The rise is as a result of a number of factors including increased demand in Asia, lower supplies of gas from Russia and increase in demand as countries emerge from lockdown restrictions and economies start to pick up once more.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Mayer Brown
    Authors:
    Michael Fiddy , Fatema Begum
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Opinion of Interest - Matter of First River Energy: Some State-Specific Liens May be no More than “Amazing Disappearing Security Interests”
    2021-03-16

    In its recent decision in Matter of First River Energy, LLC,1 the Fifth Circuit resolved a priority dispute between lienholders regarding their competing claims to cash held by the debtor, First River Energ

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Mayer Brown, Fifth Circuit
    Location:
    USA
    Firm:
    Mayer Brown
    Brasília em Pauta
    2020-09-15

    Esta é a primeira edição do “Brasília em Pauta”, um boletim preparado pela equipe de Contencioso de Brasília, contendo os principais casos a serem julgados pelo Supremo Tribunal Federal (STF), Superior Tribunal de Justiça (STJ) e Tribunal de Contas da União (TCU), bem como importantes questões a serem votadas pela Câmara dos Deputados e Senado Federal.

    Filed under:
    Brazil, Banking, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Tax, Telecoms, White Collar Crime, Mayer Brown
    Location:
    Brazil
    Firm:
    Mayer Brown
    Jurisdictional Conflict Between FERC and Bankruptcy Courts Spills Over to Natural Gas Agreements
    2020-07-06

    The existing jurisdictional conflict1 between US bankruptcy courts under the Federal Bankruptcy Code and the Federal Energy Regulatory Commission (FERC) regarding required approvals for a debtor in bankruptcy to reject an executory Federal Power Act (FPA)-jurisdictional agreement has also been asserted by FERC with respect to Natural Gas Act (NGA)-jurisdictiona

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Mayer Brown, United States bankruptcy court
    Authors:
    J. Paul Forrester
    Location:
    USA
    Firm:
    Mayer Brown
    FERC Clarifies Its Concurrent Jurisdiction with Regard to Bankruptcy Filings That Seek to Reject Power Purchase Agreements
    2019-01-28

    On January 25, 2019, the US Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order clarifying its position with regard to bankruptcy filings that seek to reject Commission-jurisdictional wholesale power purchase agreements. In response to a petition for a declaratory order and complaint filed by NextEra Energy, Inc. and NextEra Energy Partners, L.P.

    Filed under:
    USA, New York, Ohio, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Mayer Brown, Power purchase agreement, Federal Power Act 1920 (USA), FERC, US District Court for SDNY
    Authors:
    J. Paul Forrester
    Location:
    USA
    Firm:
    Mayer Brown
    Into the Void (Again): PG&E Intends to Enter Bankruptcy Proceedings - Possible Consequences for Renewable PPAs
    2019-01-24

    After months of speculation, it is now official : PG&E (both the parent, PG&E Corporation, and its subsidiary, Pacific Gas & Electric Company), having faced extraordinary challenges relating to catastrophic wildfires in 2017 and 2018, has announced that a voluntary bankruptcy filing “is appropriate, necessary and in the best interests of all stakeholders, including wildfire claimants, PG&E’s other creditors and shareholders, and is ultimately the only viable option to restore PG&E’s financial stability to fund ongoing operations and provide safe service to customers.” As

    Filed under:
    USA, California, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Mayer Brown, Renewable energy, Power purchase agreement, Title 11 of the US Code, Federal Power Act 1920 (USA), FERC
    Authors:
    J. Paul Forrester , Sean T. Scott , Andrew Young
    Location:
    USA
    Firm:
    Mayer Brown
    Challenges to preserving value in a debt restructuring
    2016-04-26

    When any industry faces challenging times, thoughts turn to what might happen to those companies which are unable to maintain their solvency and service their existing debt.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Mayer Brown, Debt, Stakeholder (corporate), Refinancing, Debt restructuring
    Authors:
    Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown

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