Legal Opinion

Clear Peak Energy, Inc. v. Southern California Edison Co. (In re Clear Peak, Inc.)

United States Bankruptcy Court, D. Arizona

Decided February 26, 2013No. 2:12-BK-03225-SSCPublishedCited by 1 opinion

1Opinion of the Court

*649MEMORANDUM DECISION RE: WHETHER A RENEWABLE POWER PURCHASE AND SALE AGREEMENT IS A FORWARD CONTRACT UNDER 11 U.S.C. § 362(b)(6)

SARAH SHARER CURLEY, Bankruptcy Judge.

I. INTRODUCTION

This matter comes before the Court on the Motion of Clear Peak Energy, Inc., the *650Debtor (“Clear Peak” or “Debtor”), to Determine the Applicability of the Automatic Stay (“Motion”) dated July 6, 2012.1 Southern California Edison (“SCE”), a creditor, filed its Preliminary Objection to the Motion on July 12, 2012.2 On August 16, 2012, the Debtor filed a Supplemental Motion and Declaration of Eric Anderson in support of…

2Cases cited8 opinions

  1. Microsoft Corporation v. Motorola, IncCourt of Appeals for the Ninth Circuit · 2012
  2. Lightfoot v. MXEnergy Electric, Inc. (In Re MBS Management Services, Inc.)Court of Appeals for the Fifth Circuit · 2012
  3. Hutson v. E.I. Du Pont De Nemours & Co. (In Re National Gas Distributors, LLC)Court of Appeals for the Fourth Circuit · 2009
  4. BCP Liquidating LLC v. Bridgeline Gas Marketing LLC (In Re Borden Chemicals & Plastics Operating Ltd. Partnership)United States Bankruptcy Court, D. Delaware · 2006
  5. In Re: Olympic Nat GCourt of Appeals for the Fifth Circuit · 2002

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3Cited by1 opinion

  1. In re Firstenergy Solutions Corp.United States Bankruptcy Court, N.D. Ohio · 2019

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