BankruptcyLawInsights

Energy Future Holdings Chapter 11 Case – The Largest Game Ever of Texas Hold’em?

05/31/16

The chapter 11 case of Energy Future Holdings (“EFH” or “Debtors”) roared back to life this month.

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Landlords Beware: Lease Terminations May Be Voidable In Bankruptcy

03/24/16

The Seventh Circuit Court of Appeals recently handed down a decision with significant implications for landlords contemplating lease termination agreements with distressed tenants. Ruling on a direct appeal in the chapter 11 case In re Great Lakes Quick Lube LP, the court held that a lease termination agreement between a landlord and a financially distressed tenant can be voided as either a fraudulent conveyance or a preferential transfer in the tenant’s subsequent bankruptcy case.

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Delaware Bankruptcy Judge Rejects Effort to Circumvent Supreme Court’s Asarco Decision

02/09/16

The Supreme Court’s decision last term in Baker Botts v. Asarco, in which the Court ruled that professionals that are paid from a debtor’s bankruptcy estate cannot be compensated for time spent defending their fee applications, continues to rankle bankruptcy practitioners.  Moreover, a recent decision in a Delaware bankruptcy case shows that the impact of Asarco will not be easily circumvented.

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Were the Energy Future Holdings and Caesars Chapter 11 Cases Just Saved by K Street Lobbyists?

12/29/15

Bankruptcy and restructuring professionals usually do not need to be political junkies.

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GM Judge Nuances His Earlier Rulings and Sets Out Permissible Ignition Switch Lawsuits

11/18/15

At a hearing in late August, Judge Robert Gerber expressed his annoyance with both sides in the ongoing battle to determine whether General Motors LLC (“New GM”), the entity formed in 2009 to acquire the assets of General Motors Corporation (“Old GM”), is shielded from lawsuits based on ignition switch defects in cars manufactured prior to New GM’s acquisition of the assets of Old GM in 2009.

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Energy Future Holdings – Kicking a Very Large Can Down the Road

10/01/15

Energy Future Holdings (“EFH” or “Debtors”) has cleared all of the preliminary hurdles in its path as it moves towards the confirmation of its plan of reorganization (the “Plan”). Last week Judge Christopher Sontchi of the United States Bankruptcy Court for the District of Delaware approved the Debtors’ disclosure statement in support of the Plan, authorized the Plan to be distributed to creditors for voting purposes, and scheduled the hearing on Plan confirmation to begin on November 3.

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