
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: September 24, 2013

Partner
201-896-7095 jglucksman@sh-law.comEnergy Future Holdings Corp. is facing a “high probability” of being forced to seek protection due to the danger of bankruptcy, according to a recent report from credit ratings agency Moody’s Investors Service.
The ratings agency said that the energy giant will likely seek bankruptcy protection and establish a reorganization plan by the end of the year, which would make it one of the top 10 largest non-financial corporate bankruptcies in the U.S. since the 1980s. In fact, the company is carrying one of the largest debt loads in recent history, ranking up there with Enron, WorldCom, General Motors, and Chrysler. In total, Energy Future Holdings is currently saddled with more than $41 billion in debt.
The company was purchased in a $45 billion leveraged buy-out in 2007 by a group of Wall Street companies that included Goldman Sachs, KKR, and TPG Capital. The investors appear to have hoped that the debt they took on to buy the company would be managed by a projected spike in natural gas prices. However, this backfired when the price of natural gas plummeted to record-low levels, leaving the group burdened with debt.
The electric utility company’s assets include a power generation portfolio composed of nuclear energy and coal-fired power provided by Luminant, a power transmission business provided through Oncor Electric Delivery, and a retail power provider extended through TXU Energy.
Should the Texas-based company seek bankruptcy protection, electricity customers are not expected to experience significant service disruptions.
“Our expectation is that there should be no material impact on the grid,” said Moody’s analyst Jim Hempstead, according to Fuel Fix. “We have never seen a bankruptcy that has turned the lights off. All of the Luminant assets are going to get scrutinized as to what is economical and what is not – there may be a plant or two that is shut down or mothballed or otherwise taken out of the stack.”
According to sources, should the company seek out bankruptcy protection, investors can expect to secure roughly 50 percent ultimate recovery on debt from subsidiaries. This amount would be among the lowest recovery from unregulated power companies, according to Electric, Light and Power.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Author: Paul Grossman

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Author: Sean M. Pena

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Author: Donald M. Pepe

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
Author: Jay McDaniel

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
Author: Donald M. Pepe

Running a business in New Jersey and New York means operating within one of the most legally complex environments in the country. From the moment you form your company to the day you sell it, and every contract, hire, dispute, and transaction in between, business law is present in decisions that look, on the surface, […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!