Judge Christopher Sontchi recently issued an important opinion in the Molycorp chapter 11 case. He held that a standard carve-out in a financing order for the fees of counsel and other professionals for an official creditors’ committee will not
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Judge Christopher Sontchi
Energy Future Holdings Chapter 11 Case – The Largest Game Ever of Texas Hold’em?
By Ben Feder on
Posted in Chapter 11
The chapter 11 case of Energy Future Holdings (“EFH” or “Debtors”) roared back to life this month. Certain key conditions for the plan of reorganization approved last December (the “First Plan”) to become effective were not met by a deadline …
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Energy Future Holdings – Kicking a Very Large Can Down the Road
By Ben Feder on
Posted in Chapter 11
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…
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Energy Future Holdings – More Bad News for Bondholders on Make-Whole Premiums
By Ben Feder on
Posted in High Yield Debt
For the second time in the past few months, Judge Christopher Sontchi has dashed the hopes of certain creditors in the Energy Future Holdings (“EFH”) chapter 11 case that they would be paid a make-whole premium worth over …
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Energy Future Holdings Make-Whole Ruling Extends Rationale of Important SDNY Decisions to Delaware
By Ben Feder on
Posted in High Yield Debt
Judge Christopher Sontchi issued a notable opinion last week in the bankruptcy case of Energy Future Holdings Corp., et al. (“EFH”), Case No. 14-10979 (D. Del.), ruling that the repayment in full of certain senior secured notes did…
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Energy Future Holdings – Bidding Procedures Fight Highlights Conflicts Among Affiliated Debtors
By Ben Feder on
Posted in Chapter 11
Energy Future Holdings (EFH), f/k/a TXU Corp., an energy company centered in Texas, was taken private in 2007 in the largest leveraged buyout transaction that has ever taken place. The deal was largely predicated on an anticipated rise in …
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Auto-Hauler Allied Systems Holdings’ Car Wreck of a Chapter 11 Case May Finally Be at an End
By Ben Feder on
Posted in Chapter 11
Many commentators have remarked that a “new normal” has evolved for Chapter 11 proceedings, wherein the major constituents negotiate the salient terms and exit strategy of the debtor’s restructuring prior to the filing of the bankruptcy petition, generally leading