Hidroelectrica Santa Rita S.A. (“HSR”) and Corporación AIC, S.A. (“AICA”) were parties to an Engineering, Procurement, and Construction (“EPC”) contract for a power plant to be built in Guatemala. HSR canceled the project, citing force majeure, and the parties brought various claims against each other in arbitration. The arbitration panel issued an award which—among other…
Tag: Confirmation
Court Rejects Creditors’ Due Process Challenge to Release of Bankrupt Debtor’s Affiliates
In Jackson v. Le Centre on Fourth, LLC (In re Le Centre on Fourth, LLC), 2021 U.S. App. LEXIS 33845 (11th Cir. Nov. 15, 2021), the Eleventh Circuit rejected creditors’ due process challenge to the release afforded to the debtor’s affiliates in a confirmed Chapter 11 plan. The creditors were plaintiffs in a tort suit…
Strike While the Arbitration Award Is Hot: Three-Month Window to File Motion to Vacate Does Not Prevent Earlier Confirmation
The Federal Arbitration Act provides for motions to confirm (9 U.S.C. § 9) or to vacate or modify (9 U.S.C. §§ 10, 11) an arbitration award, but the motions are not all subject to the same deadline. A motion to confirm may be filed within a year after the award is made, whereas the window…
Judge Andrew Brasher Confirmed to the Eleventh Circuit
The U.S. Senate confirmed U.S. District Judge Andrew Brasher’s nomination to the Eleventh Circuit with a 52-43 vote on February 11, 2020. Judge Brasher was previously sworn into office as a United States District Judge for the Middle District of Alabama on May 1, 2019. Prior to taking the bench, Judge Brasher served as Alabama’s…
A Confirmed Bankruptcy Plan is Final as to Domestic Support Obligations
The Bankruptcy Code, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), provides an exception to the automatic stay, which generally prohibits collection activity against property of the estate, for “the withholding of income that is property of the estate or property of the debtor for payment of a domestic…