Topic
Contract Rejection
8 published works
Washington Energy Report
FERC Establishes Paper Hearing on Proposed Rejection of FERC-Jurisdictional Contracts in Bankruptcy
On March 30, 2020, FERC issued an order establishing a paper hearing to evaluate Energy Harbor LLC’s (formerly known as FirstEnergy Solutions Corp.) proposed rejection in bankruptcy of a variety…
Washington Energy Report
Sixth Circuit Holds that Bankruptcy Courts Must Permit FERC Participation in Bankruptcy Proceedings Considering Rejection of FERC-Jurisdictional Contracts
By Katherine O'Konski, Adrienne Thompson
On December 12, 2019, the United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) issued an opinion affirming in part and reversing in part a bankruptcy court’s assertion…
Energy & the Law
Bankruptcy Ruling Sides With Oil Field Realities
Co-author Lydia Webb Nabors Offshore Corp. v. Whistler Energy II LLC is the rare bankruptcy case where the outcome was consistent with the realities of operating in the oil patch…
Bankruptcy & Restructuring Law
BREAKING: Rejection under section 365 of the Bankruptcy Code does not rescind trademark license agreement
Last November, we reported on the long-standing circuit split between the First and Seventh Circuits regarding the effect of rejection of a trademark license agreement under section 365 of the…
Law Trends
Supreme Court Holds that Trademark Licensee Retains Rights After Rejection of License by Licensor in Bankruptcy
By John Knapp
In a long-awaited, nearly unanimous opinion written by Justice Kagan, resolving a circuit split described in our earlier blog post, the Supreme Court reversed the First Circuit and held that…
Delaware Bankruptcy Update
Contract Rejection – As Interpreted in Outer Harbor Terminal’s Bankruptcy
On February 21, 2017, Judge Silverstein of the Delaware Bankruptcy Court issued an opinion (the "Opinion") in the Outer Harbor Terminal bankruptcy proceeding - Bankr. D. Del., Case 16-10283. The Opinion…
In Solvency
Contract Rejection – As Interpreted in Outer Harbor Terminal’s Bankruptcy
By Fox Rothschild LLP, Fox Rothschild LLP
On February 21, 2017, Judge Silverstein of the Delaware Bankruptcy Court issued an opinion (the "Opinion") in the Outer Harbor Terminal bankruptcy proceeding - Bankr. D. Del., Case 16-10283. The Opinion…
Restructuring Globalview
Court Rejects Debtor’s Attempt to Reject Part of an Integrated Contract
All bankruptcy practitioners know that a debtor may choose which contracts to assume and which contracts to reject. But may a debtor reject contracts that are part of an overall, integrated…