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    Recent Developments in Bankruptcy Law, January 2020
    2020-01-29

    FERC proceeding to restrict rejection of a power purchase agreement may be subject to the automatic stay. The debtor had entered into several agreements to purchase power it no longer needed because its reorganization contemplated its exit from the business of selling electricity at retail. The contracts constituted a minimal portion of the debtor’s power contracts and were an insignificant portion of the power market.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Debtor, FERC, United States bankruptcy court
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Covenant of Good Faith and Fair Dealing Examined: La Paloma
    2020-01-30

    On January 13, 2020, the United States Bankruptcy Court for the District of Delaware issued an opinion in In re La Paloma Generating Company, LLC., Case No. 16-12700 [Adv. Pro.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court
    Authors:
    Ronit J. Berkovich
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Denial of Stay Relief is a Final Order, Says the U.S. Supreme Court
    2020-01-22

    The Supreme Court, in Ritzen Group, Inc. v. Jackson Masonry, LLC,1 issued an unanimous opinion last week, ruling that the Court of Appeals for the Sixth Circuit correctly denied the ability of creditor Ritzen Group Inc.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Authors:
    Ronit J. Berkovich , Andrew Citron
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    A Look Back at Mass Tort Bankruptcy Cases in 2019 - Asbestos and Beyond
    2020-01-22

    Only two asbestos bankruptcy cases were filed in 2019 – the lowest number in any one year since Congress enacted the special asbestos bankruptcy trust/channeling injunction statute, Section 524(g) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Crowell & Moring LLP, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    Mark D. Plevin , Tacie H. Yoon
    Location:
    USA
    Firm:
    Crowell & Moring LLP
    Ninth Circuit Affirms Sale of Trustee’s Litigation Claims to Self-Interested Party
    2020-01-22

    A bankruptcy trustee may sell “avoidance powers to a self-interested party that will abandon those claims, so long as the overall value obtained for the transfer is appropriate,” held the U.S. Court of Appeals for the Ninth Circuit on Jan. 15, 2020. Silverman v. Birdsell, 2020 WL 236777, *1 (9th Cir. Jan. 15, 2020).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Title 11 of the US Code, Ninth Circuit, United States bankruptcy court
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Maybe Borrowers Can Escape Student Loan Debt: New York Bankruptcy Court Reinterprets the Brunner Undue Hardship Test
    2020-01-17

    A New York bankruptcy court recently allowed a pro se debtor to discharge over $200,000 in student loan debt, vehemently rejecting as “punitive” more recent legal authority concerning how student loan debts may be discharged in bankruptcy.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, United States bankruptcy court
    Authors:
    Allison A. Melton , David M. Gettings
    Location:
    USA
    Firm:
    Troutman Pepper
    No Dice: State Law Precludes Recovery of $50,000,000 Gaming License Fee
    2020-01-14

    In 2007, Philadelphia Entertainment and Development Partners, LP dba Foxwoods Casino Philadelphia (“Plaintiff”) secured a gaming license from Pennsylvania for $50,000,000 with the understanding that it open its casino business within one year. Plaintiff failed to do so and, despite a number of extensions, Pennsylvania cancelled and revoked the gaming license in December 2010. Without a gaming license, Plaintiff found itself in chapter 11 by spring of 2014.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Leisure & Tourism, Litigation, Nelson Mullins Riley & Scarborough LLP, United States bankruptcy court
    Authors:
    Shane G. Ramsey , Woods Drinkwater
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Bankruptcy. Discovery. Sanctions. Bankruptcy court sanctions attorney for failing to make reasonable efforts to obtain discovery materials held outside the U.S. by incarcerated debtor's agents and attorneys.
    2020-01-16

    In re Markus, 607 B.R. 379 (Bankr. S.D.N.Y. 2019) [click for opinion]  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Debtor, Title 11 of the US Code, United States bankruptcy court
    Authors:
    David Zaslowsky , Grant Hanessian , Michael Lehrman
    Location:
    USA
    Firm:
    Baker McKenzie
    Bankruptcy Court Confirms High Burden to Find Material Adverse Effect in Asset Purchase Agreement
    2020-01-07

    A recent bankruptcy court decision out of the United States Bankruptcy Court for the Central District of California, In re Verity Health Sys. of Cal., Inc., Case No. 2:18-bk-20151 (ER) (Bankr. C.D. Cal. Nov. 27, 2019), is a good reminder of how difficult it is for a purchaser under an asset purchase agreement to get out of the deal by invoking a Material Adverse Effect clause (also known as a Material Adverse Change clause) (an “MAE”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Authors:
    Ronit J. Berkovich
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Texas Bankruptcy Ruling Reinforces Dedication Clauses in Gas-Gathering Agreements
    2020-01-10

    A Texas bankruptcy court recently ruled that dedication clauses in gas-gathering agreements run with the land and cannot be rejected by a debtor. That decision, In re Alta Mesa Resources, Inc., affirms an industrywide practice that faced an uncertain future following the ruling in In re Sabine Oil & Gas Corp. from the Southern District of New York, which was upheld by the 2nd U.S. Circuit Court of Appeals in 2018.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, McGuireWoods LLP, Title 11 of the US Code, United States bankruptcy court, Circuit court
    Location:
    USA
    Firm:
    McGuireWoods LLP

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