Power Purchase Agreements in Bankruptcy: Competing Interests Under the Bankruptcy Code and Federal Power Act
A live 90-minute premium CLE webinar with interactive Q&A
This CLE webinar will discuss the divergent law on whether an energy industry debtor can reject its power purchase agreements (PPAs) and provide bankruptcy counsel with an understanding of how this issue might be resolved in bankruptcy proceedings.
- Recent developments
- Comparison of the conflicting federal laws
- The Federal Energy Regulatory Commission
- Section 365 of the Bankruptcy Code and the jurisdiction of federal bankruptcy courts
- Prior precedents
- Practical considerations and best practices
The panel will review these and other key issues:
- What can happen to a PPA in bankruptcy?
- How long does a debtor have to decide whether to reject or assume its PPAs?
- What considerations are likely to factor into a debtor’s decision whether to assume or reject its PPAs?
- What happens to a PPA during the period when the debtor is deciding whether to assume or reject?
- To the extent power is provided to a debtor during the pendency of its bankruptcy, is the PPA counterparty’s claim for payment afforded priority status?
- What must a debtor show to convince the bankruptcy court to grant a motion to reject a PPA?
- If a debtor moves to reject a PPA, what grounds would a counterparty have for opposing that motion?
- If a debtor prevails in its motion to reject, either by overcoming an opposition or because the counterparty does not object, what happens then?
- What will the counterparty receive for its rejection damages as an unsecured claim?
- What concerns relate to any debt financing or other investments in projects where the offtaker under a PPA became a debtor in bankruptcy?
James E. Van Horn
Barnes & Thornburg
Mr. Van Horn has deep experience working directly with senior management, investors, creditors and other stakeholders... | Read More
Mr. Van Horn has deep experience working directly with senior management, investors, creditors and other stakeholders in matters ranging from out-of-court workouts, prepackaged and prearranged Chapter 11 reorganizations to cram down plans of reorganization and sales of substantially all assets. He is experienced in representing corporate debtors, secured creditors, asset purchasers, official committees of unsecured creditors, liquidating trustees, receivers, investors and other stakeholders, in bankruptcy courts and other courts throughout the U.S. Mr. Van Horn is a recognized leader of professional bankruptcy and restructuring organizations including serving as a member of the Turnaround Management Association Global Executive Board of Trustees and as Co-Chair of the American Bankruptcy Institute Mid-Atlantic Bankruptcy Conference. He is a national speaker at industry group conferences and quoted in national publications on bankruptcy and restructuring issues.Close
Sean T. Scott
Mr. Scott represents institutional lenders, bank groups, hedge funds and other creditors in out-of-court workouts and... | Read More
Mr. Scott represents institutional lenders, bank groups, hedge funds and other creditors in out-of-court workouts and in-court bankruptcy proceedings. In the course of his practice, he also advises corporate clients on distressed asset sales and acquisitions and on structuring considerations in complex debt transactions.Close
Buy Live Webinar
Includes Early Discount Savings of $50 (through 05/31/19)
Buy Live Webinar & Recording
Includes special savings of $300 (through 05/31/19)
Live Webinar & Download
Live Webinar & DVD
$394 + $19.45 S&H