Legal Opinion

In re Energy Future Holdings Corp.

United States Bankruptcy Court, D. Delaware

Decided October 3, 2017No. Case No.: 14-10979 (CSS) (Jointly Administered); Docket Nos.: 9584, 11636PublishedCited by 11 opinions

1Opinion of the Court

OPINION

Sontchi, J.

INTRODUCTION

Before the Court is a motion for reconsideration of an order approving, among other things, a Termination Fee1 in the amount of $275 million. The Court is taking the extraordinary step of reconsidering its order entered over one year ago because its approval of the Termination Fee was based upon a fundamental misapprehension of critical facts. The Court’s misunderstanding was based upon imprecise and incorrect testimony by the Debtors’ witness, incomplete responses by Debtors’ counsel to questions by the Court and conspicuous and unhelpful silence by the…

2Cases cited39 opinions

  1. Yoshio Oto, of the Estate of Noboru Oto v. Metropolitan Life Insurance Company, Defendant/third-Party v. Ashby Beverley, Third-PartyCourt of Appeals for the Third Circuit · 2000
  2. Harsco Corp. v. Lucjan ZlotnickiCourt of Appeals for the Third Circuit · 1986
  3. Bullard v. Blue Hills BankSupreme Court of the United States · 2015
  4. In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.Court of Appeals for the First Circuit · 1976
  5. Budget Blinds, Inc. v. WhiteCourt of Appeals for the Third Circuit · 2008

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3Cited by11 opinions

  1. Energy Future Holdings Corp. v.Court of Appeals for the Third Circuit · 2021
  2. In re Energy Future Holdings Corp.United States Bankruptcy Court, D. Delaware · 2018
  3. In re Energy Future Holdings Corp.United States Bankruptcy Court, D. Delaware · 2018
  4. In re: New Century TRS Holdings, Inc.District Court, D. Delaware · 2021
  5. Insys Liquidation Trust v. TDIndustriesUnited States Bankruptcy Court, D. Delaware · 2022

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