Safe From Avoidance: Electricity Requirements Contracts

Law360, New York ( September 10, 2012, 12:40 PM EDT) -- The Fifth Circuit in MBS Mgmt. Serv. Inc. v. MXEnergy Elect. Inc. , No. 11-30553 (5th Cir. Aug. 2, 2012) recently provided some guidance on whether an electricity requirements contract is a forward contract that is exempt from avoidance pursuant to Section 546(e) of the Bankruptcy Code. The answer, at least on the facts of MBS Mgmt. , is yes. . . .

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