Free Speech, Due Process and Trial by Jury
The U.S. Supreme Court recently entered a short order that may later be seen as one of the final steps toward definitively addressing a bankruptcy issue that has bedeviled both lawyers and courts for decades.
Although the developers label these apps as “experimental,” some commentators suggest that AI be put to work now in the real world of business and commerce. Some even contend that AI applications can do the job of lawyers, implicitly jeopardizing law practice as a career. Is it true?
More than 90 insurers have been named as defendants in the lawsuit brought by settlement trustee Barbara Houser, who formerly served as the chief bankruptcy judge in the Northern District of Texas until her retirement in May 2020.
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.”
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.
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.
Cloud communications company Avaya Holdings and a dozen of its affiliated businesses filed for bankruptcy Tuesday in the Southern District of Texas seeking to shave billions of dollars of debt from its balance sheet.
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.
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.
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.”
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