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Fifth Circuit Authorizes Rejection of Executory Contracts Regulated by FERC


by George B. South View Biography
Stefanie Jill Birbrower View Biography
Michael A.H. Schoenberg
King & Spalding LLP View Firm Credentials
New York Office

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.


 

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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