Legal Opinion

Bonneville Power Administration v. Mirant Corp.

Court of Appeals for the Fifth Circuit

Decided February 13, 2006No. 04-11264PublishedCited by 50 opinions

1Opinion of the Court

DeMOSS, Circuit Judge:

Bonneville Power Administration (“BPA”) appeals the district court’s affir-mance of two orders entered by the bankruptcy court. Debtor Mirant Corporation and related entities filed a petition under Chapter 11 of the Bankruptcy Code, triggering a dispute between the parties regarding the ability of BPA to terminate an executory contract for the future purchase of electric power. On the one hand, the Bankruptcy Code’s automatic stay, effective upon the filing of a Chapter 11 petition, precludes any act to obtain possession of or exercise control over property of the…

2Cases cited31 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
  3. Aluminum Co. of America v. Central Lincoln Peoples' Utility DistrictSupreme Court of the United States · 1984
  4. In the Matter of Vance Cole Chesnut, Debtor. Mark T. Brown, Templeton Mortgage Corp. v. Vance Cole ChesnutCourt of Appeals for the Fifth Circuit · 2005
  5. In the Matter of West Electronics Inc. Appeal of United States of America, by the United States Air ForceCourt of Appeals for the Third Circuit · 1988

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3Cited by50 opinions

  1. Credit Union Liquidity Services, L.L.C. v. Green Hills Development Co.Court of Appeals for the Fifth Circuit · 2014
  2. Plunk v. Yaquinto (In Re Plunk)Court of Appeals for the Fifth Circuit · 2007
  3. CCT Communications, Inc. v. Zone Telecom, Inc.Supreme Court of Connecticut · 2017
  4. Allentown Ambassadors, Inc. v. Northeast American Baseball, LLC (In Re Allentown Ambassadors, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2007
  5. In Re Mirant Corp.United States Bankruptcy Court, N.D. Texas · 2006

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