
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: October 6, 2015

Partner
201-896-7095 jglucksman@sh-law.comOptim Energy LLC announced on Aug. 13 that the company had agreed to pay Walnut Creek Mining, the energy branch of private equity giant Blackstone Group, $5 million to settle their legal battle. According to a Wall Street Journal report, the Blackstone Group will reportedly drop its $190 million appeal of Optim’s court-approved restructuring plan as part of the new agreement.
Optim, a power plant operator, filed for Chapter 11 bankruptcy protection on Feb. 12, 2014 due to a collapse in electricity prices. The resulting 40 percent drop in prices hindered Optim’s ability to fulfill its debt repayments to Blackstone and various primary and lower-ranking creditors. Optim’s debt accumulated after it received a loan from Blackstone for the construction of a power plant and the acquisition of a facility in Texas.
Walnut Creek Mining claimed that Optim’s restructuring plan was inadequate because the firm only stood to recover one percent of the debt total. Blackstone had been pursuing a $190 million claim against Optim for rejection damages from a fuel supply agreement in the previously approved plan.
One of the main issues presented in Blackstone’s appeal was that after the firm bid $126 million to acquire an Optim power plant, a price that doubled all other offers, Optim expected the firm to bid on its two other plants. However, Optim claimed that Blackstone was using Walnut Creek Mining, which supplied fuel to Optim’s power plants, to undermine its operations as a way to drive down the company’s bidding price for the plants at the bankruptcy auction.
In court documents, the new plan will allow Optim to avoid making repayments on the full $713 million debt total to secured creditors. Optim officials claimed that this agreement will halt litigation with Blackstone, according to the Wall Street Journal. In turn, the deal will also stop litigation with unsecured creditors as the company agreed to distribute a portion of the power plant sales proceeds to these lower-ranking creditors. Further, unsecured creditors will now recover 95 cents on the dollar as opposed to 75 cents, as stated in the previous bankruptcy plan.
Blackstone officials stated in court papers that the appeal will not be officially dropped until the liquidation plan for Optim’s six other bankrupt entities is approved by the court.
Are you a creditor in a bankruptcy? Have you been sued by a bankrupt? If you have any questions about your rights, please contact me, Joel Glucksman, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Author: Sean M. Pena
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!