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Distressed Solutions: Energy Bankruptcies and the Intersection of Contract Rejection and FERC

A HUB Talks Podcast
16 January 2019
Presenters: Jeffrey T. Kucera

We have seen an increase in energy companies filing for bankruptcy, and more may be on the horizon. This is a great time to review and discuss an interesting ruling in the FirstEnergy case regarding the intersection of bankruptcy law and the Federal Energy Regulatory Commission (FERC). When the debtor operates in a highly regulated industry, how does that affect the power to reject contracts under §365 of the Bankruptcy Code? Is contract rejection like a rate change that needs FERC approval, or is it something different? Check out this episode of Distressed Solutions and listen to Jeffrey Kucera (Miami) and David Mawhinney (Boston) discuss a case that will certainly be watched by everyone in the energy industry.

About Distressed Solutions
The Restructuring & Insolvency Group at K&L Gates prides itself on finding solutions for our clients who are facing all kinds of financial distress. Sometimes the client itself is in distress; more often, they have a customer, vendor, borrower, acquisition target, or a portfolio company that is. Our attorneys help clients find the best solutions for each and every one of these situations that minimizes downside risk and maximizes potential upside. This podcast will showcase those practitioners and how they have helped solve these problems.

Catch-up on past episodes by visiting the Distressed Solutions section of our HUB Talks program page.

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