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Brazos Electric Cooperative Inc., Largest Electric Cooperative in Texas, Files for Bankruptcy After Incurring Billions in Charges During February Blackouts

On March 1, 2021, Brazos Electric Power Cooperative, Inc. filed for chapter 11 protection in the U.S. Bankruptcy Court for the Southern District of Texas. In its first-day pleadings, Brazos cited the catastrophic weather events in Texas in February as the sole cause of the company’s insolvency. That unprecedented winter storm caused a statewide energy crisis that lasted for days, resulting in rolling blackouts that left millions without power.

First Major U.S.-Based Cryptocurrency Operation Confirms Liquidating Chapter 11 Plan

On March 11, 2021, Cred. Inc. and its affiliates confirmed a liquidating plan under chapter 11 of the U.S. Bankruptcy Code. Though many matters in the Cred bankruptcy cases remain unresolved — including potential criminal and civil claims against the company’s former management — confirmation of the liquidating plan is a key milestone in unwinding a complicated enterprise in an even more complicated industry. Notably too, these cases represent the first instance where a major U.S.-based cryptocurrency operation sought relief and eventually confirmed a plan under chapter 11.

2020 Co-Chair Corner: Emerging Industries and Technology Committee Year in Review

Despite the challenges of the COVID-19 pandemic, 2020 was a successful year for the Emerging Industries and Technology Committee. Committee membership has steadily increased over the last year. In addition, most members have joined the committee’s LinkedIn group page, and all new members to our committee promptly receive an email from the co-chairs welcoming them to our group. The committee continues to encourage additional growth and invites all ABI members to join.

Solar Energy Power Plant Project Pursues Restructuring and Return to Operations Following Settlement of Department of Energy Loan Default

The Crescent Dunes Solar Energy Project in Nye County, Nev., is one of the largest utility-scale solar power plants in the U.S. The project utilizes more than 10,000 heliostats, or large mirror assemblies, to collect and focus the sun’s thermal energy, which the project then uses to generate electricity for sale. At the time of its construction, the project was unique among solar energy plants for many reasons, including its use of a nondegradable energy-storage technology that can produce electricity at night, in the absence of sunlight.

Spinning Studio Operator Flywheel Sports to Liquidate, Citing Mandatory Closures and Abandonment of In-Home Streaming Platform

On Sept. 15, 2020, Flywheel Sports Inc. and its affiliates filed chapter 7 petitions with the U.S. Bankruptcy Court for the Southern District of New York. Flywheel’s filing continues the trend of gym and personal fitness companies, including venerable national chains Gold’s Gym and 24 Hour Fitness, seeking bankruptcy protection during the COVID-19 pandemic. But while many of its peers are, at least presently, pursuing chapter 11 restructuring plans, Flywheel has ceased its operations entirely and anticipates liquidating its assets.

Fifth Circuit Holds that Contracts Are Deemed Rejected After 60 Days and No Longer Salable Estate Property Regardless of Whether the Trustee Knew of Their Existence

Matter of Provider Meds L.L.C.[1] involved contract rejection and related issues the Fifth Circuit stated it and most circuits had not previously considered. Tech Pharmacy Services (TPS) held a patent on methods involving remote pharmaceutical dispensing (the IP). The OnSite entities provided dispensing machines for use in health facilities.