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Kane Russell Coleman Logan Team Comes Through for Unsecured Creditors in Icahn Co. Bankruptcy

Joe Coleman, John Kane, Brian Hail and a team of other lawyers from Kane Russell Coleman Logan recently secured a favorable outcome for a group of unsecured creditors in a bankruptcy proceeding for a Carl Icahn-owned company, Auto Plus. At the outset, it seemed the unsecured creditors stood to recoup none of their roughly $200 million in unsecured debt, but the legal team overcame three key challenges on its way to recovering more than $57 million: Auto Plus’ apparent administrative insolvency, a fast-tracked sale of assets already in motion and “the specter of the fact that Carl Icahn was the ultimate owner,” Coleman said. “Obviously, Mr. Icahn has an enormous reputation, he’s a very shrewd businessman.”

Michelle Casady

Gibson Dunn, Weil Lead Serta Simmons and Lenders to Bankruptcy Court Victory in SDTX

U.S. Bankruptcy Judge David Jones of Houston has approved the billion-dollar bankruptcy reorganization of mattress giant Serta Simmons, which also meant a monumental victory for a handful of investors in distressed debt and a huge legal defeat for some Wall Street leaders. The debt restructuring plan approved by Judge Jones cuts Georgia-based Serta Simmons’ secured debt from $1.9 billion to $315 million. In doing so, the judge coined a new term – position enhancement transaction or PET – that you need to learn.

The five-day trial was led for the Serta Simmons lenders by new Gibson Dunn partner Gregg Costa. This was Costa’s first trial since retiring from the U.S. Court of Appeals for the Fifth Circuit and his first-ever trial in bankruptcy court.

Mark Curriden

Not Just Any Decision: The Ongoing Power Struggle Between Bankruptcy Courts and State Regulators

The Fifth Circuit Court of Appeals' decision in ERCOT v. Just Energy Texas, L.P. is notable in its own right for addressing critical issues regarding who has authority to regulate a state’s electric utilities. But the case is even more interesting when considered in the broader mosaic of recent decisions by courts dealing with how and when state regulatory power may be circumscribed by federal bankruptcy courts.

Jason Binford

Just Energy’s $335M Bankruptcy Dispute at Fifth Circuit

In yet another example of the massive complex litigation stemming from 2021’s Winter Storm Uri, the U.S. Court of Appeals for the Fifth Circuit is being asked to balance the usually broad authority of federal bankruptcy judges in restructuring cases against the potential sovereignty of Texas energy regulators to set rates. Canadian energy retailer Just Energy and the ERCOT squared off Tuesday before a three-judge panel in a dispute over whether a Houston bankruptcy judge can order ERCOT to repay Just Energy up to $335 million from payments made following the February 2021 storm.

Mark Curriden

Talen Energy Bankruptcy Inches Toward Resolution

Lawyers for Talen Energy and its creditors say they are “powering forward” toward a Dec. 15 confirmation hearing that will begin The Woodlands-based company’s exit from bankruptcy. Talen and most of its creditors have until the end of business on Dec. 6 to obtain votes of approval of the proposed plan from claim holders that would eliminate $1.4 billion and make the bondholders owners of the business. Opponents of the plan must file objections that same day, Dec. 6.

Mark Curriden

Bankruptcy Judge ‘Conditionally Approves’ Brazos Disclosure Agreement After Intense Hearing

Over the objection of a single power generator and distributor, U.S. Bankruptcy Chief Judge David Jones of Houston gave “conditional approval” of a multibillion-dollar preliminary settlement agreement – aka a “disclosure statement” – in the Brazos Electric Power Cooperative bankruptcy case. The 74-minute hearing was intense at times because of an exchange with a lawyer for South Texas Electric Coop, but Judge Jones said Brazos’ “very complicated” 172-page proposed agreement “strikes a very nice balance.”

Mark Curriden

Brazos Electric Bankruptcy Heads to Finish Line

Brazos Electric Power Cooperative is expected to file a final plan within days with a Houston judge that will map the Central Texas power supplier’s road out of bankruptcy and toward financial stability, according to lawyers involved in the litigation. The proposed plan reduces the amount that Waco-based Brazos owes ERCOT by hundreds of millions of dollars, requires Brazos to sell three of its power plants, creates a fund for low-income residents struggling with high electric bills and raises more than $1.5 billion in financing, according to court documents filed in the case.

Mark Curriden

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