Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Renewable Energy Company SunEdison Finds Buyer in Wake of Bankruptcy

Author: Joel R. Glucksman

Date: December 13, 2016

Key Contacts

Back

After filing for chapter 11 bankruptcy earlier this year, renewable energy developer SunEdison recently found a buyer for some of its assets. In a recent blog post, NRG Energy announced it had purchased 1,500 megawatts worth of assets from SunEdison. Those properties consist of utility-scale wind and solar-photovoltaic projects that are either currently in operation or are being developed throughout the U.S.

SunEdison’s financial troubles

Back in August, The Wall Street Journal reported that Judge Stuart Bernstein ruled that shareholders wouldn’t have an official say in SunEdison’s filing because the company’s debts dwarfed its assets by approximately $1 billion. The shareholders wanted an official committee to represent them in the bankruptcy case.

“[Shareholders] have lost money on their investments, and hope that an official committee will capture value for them in the end,” said Bernstein. “The appointment of an Equity Committee, however, will not create value where it does not exist.” 

At the time of the Journal’s story, bond investors were trading SunEdison’s debt for 6 cents on the dollar or less, a sign that many had little confidence in the bankruptcy process being able to turn things around for the renewable energy developer.

An energy market bubble

Forbes contributor Christopher Helman noted that SunEdison’s bankruptcy is part of a bigger issue facing the the energy sector as a whole. He acknowledged Peabody Energy, Energy XXI and Goodrich Petroleum’s recent bankruptcy filings, asserting that “easy” financing enabled companies to grow too fast in anticipation of favorable projections. 

Focusing on SunEdison, Helman referenced CEO Ahmad Chatila’s assertion that the renewable energy giant would be as big as Exxon Mobil by 2020. The company made several acquisitions after the fact, buying First Wind for $2.4 billion in 2014. Overall, the company kept initiating projects without generating enough revenue to pay back lenders. 

The energy sector’s quite competitive, so it’s not surprising that companies specializing in all kinds of energy products are facing bankruptcy. This competition is only set to grow with the rise of natural gas production, which increased from 2.20 quadrillion cubic feet to 2.23 quadrillion cubic feet on a month-to-month basis in August 2016, according to the U.S. Energy Information Administration. For instance, the U.S. Energy Information Administration found that coal production declined 17 percent from 2015 to 2016

It’s possible NRG Energy may breathe new life into SunEdison’s projects. With further innovation, the company could see a sizeable return on its investments, assuming it finds a way to produce electricity at a lower cost than natural gas companies.

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.

For more articles regarding energy companies filing for bankruptcy, check out:

  • A Closer Look at Why Energy Companies Are Going Bankrupt
  • Atlas Resources Files for Chapter 11 Bankruptcy Protection
  • The Biggest Bankruptcy Filing in Brazilian History Filed by Oi SA

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Failing to Comply With NJ Rent Control Exemption May Prove Costly post image

Failing to Comply With NJ Rent Control Exemption May Prove Costly

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing.  A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]

Author: Patrick T. Conlon

Link to post with title - "Failing to Comply With NJ Rent Control Exemption May Prove Costly"
Crypto Securities Law: When Tokens Become Investment Contracts post image

Crypto Securities Law: When Tokens Become Investment Contracts

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]

Author: Bryce S. Robins

Link to post with title - "Crypto Securities Law: When Tokens Become Investment Contracts"
The Due Diligence Process for NY Condominiums and Cooperatives post image

The Due Diligence Process for NY Condominiums and Cooperatives

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]

Author: Jesse M. Dimitro

Link to post with title - "The Due Diligence Process for NY Condominiums and Cooperatives"
Smart Contract Legal Issues: Drafting Agreements for Blockchain post image

Smart Contract Legal Issues: Drafting Agreements for Blockchain

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]

Author: Bryce S. Robins

Link to post with title - "Smart Contract Legal Issues: Drafting Agreements for Blockchain"
Are Stay Interviews the Key to Retaining Top Talent? post image

Are Stay Interviews the Key to Retaining Top Talent?

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]

Author: Angela A. Turiano

Link to post with title - "Are Stay Interviews the Key to Retaining Top Talent?"
Why Secured Transactions Are Important post image

Why Secured Transactions Are Important

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]

Author: Dan Brecher

Link to post with title - "Why Secured Transactions Are Important"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!