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Fifth Circuit Authorizes Rejection of Executory Contracts Regulated by FERC |
June 14, 2005
Previously published on August 9, 2004
In In re Mirant Corp., 2004 WL 1620794 (5th Cir. Aug. 4, 2004), the United States Court
of Appeals for the Fifth Circuit held that a bankruptcy court has the authority (1) to
authorize a debtor's rejection of executory contracts subject to the jurisdiction of the
Federal Energy Regulatory Commission ("FERC") and (2) to enjoin FERC from requiring
a debtor to perform under such contracts following a court ordered rejection thereof.
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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