In a significant recent decision in the Alta Mesa chapter 11 case,[1] Bankruptcy Judge Marvin Isgur of the United States Bankruptcy Court for the Southern District of Texas (the “Bankruptcy Court”) held that the debtors’ midstream oil and gas gathering agreements constituted real property covenants “running wi
On January 29, 2019, PG&E Corporation (“PG&E”) and its primary operating subsidiary, Pacific Gas and Electric Company (“Debtors”), were forced to file for bankruptcy protection as a result of disastrous wildfires that occurred in Northern California in 2017 and 2018 which gave rise to billions of dollars in liabilities against the power giant.
Could your chapter 11 debtor survive if its quarterly fees increased by 833%?
Notwithstanding the pandemic and to no surprise, the mediation committee has been active this summer. Kudos to our past and present committee leaders who are vested in building our membership and driving the practice benefits of an educated mediation process.
This article first appeared in the Maine Lawyers Review, June 18, 2020.
As more of us are using video conferencing platforms to conduct depositions, webinars, hearings, client meetings, and mediations, we are learning how to use these tools and how to avoid the pitfalls. Below are some general tips to make you look and sound your best:
Rough seas lie ahead for commercial tenants and landlords. With no end in sight to the COVID-19 pandemic, litigation over commercial real property leases is ramping up — especially in the restaurant and retail spaces. While the Payroll Protection Program stemmed the tide briefly, government aid is ending while lease obligations remain.
Since its decision in Marathon Pipeline, the Supreme Court expressed a continued fear of judicial overreach by the legislative branch through the bankruptcy courts. In the years following that decision, the specter of overreach influenced the Court’s decisions regarding the adjudicatory authority of bankruptcy courts.
The Senate GOP’s proposed coronavirus relief legislation package, commonly known as the HEALS Act, contains numerous provisions that will be of especial import to insolvency professionals. The HEALS Act is comprised of eight smaller bills targeting specific areas of concern.
For the last 25 years, third-party releases in chapter 11 plans were thought to be categorically prohibited in the Ninth Circuit. With its recent decision in Blixseth v.
